VERY complicated Title Transfer during eviction HELP (income tax, attorney, inspectors)
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OP, I really feel for you, and you MAY have some rights since you are in California (which TENDS to be tenant-friendly), but I am flabbergasted that your situation has been going on for MONTHS and you are still living there?
It also sounds like your dog became pregnant while all of this was going on, if she "JUST" had puppies (maybe you didn't mean "JUST") ... PLEASE get her spayed (she should have BEEN spayed already so she never would have had puppies, but I know I am just ranting at you with that!). I have animals that mean the world to me too, but part of my caring for them is making good decisions. In your case, I think that means relinquishing them all to a no-kill shelter or a rescue. (You spent your LAST $4,000 on your dog's c-section????)
Can you give us more details on the timeline, on whether you have another job (it sounded like it from one post, but maybe saying you couldn't get cleaned up for work was hypothetical?), etc. And please, please, please relinquish the dogs, even if only temporarily. It's not fair for you to have put them in such an untenable situation.
I really, really hope things work out, but I can't believe the situation has been going on THIS LONG without anything having been done, and that worries me.
Job which ended when the gentleman died. The link you provided was from TX, the OP is in Calif. And the Attorney's advice in your link does not support what you're encouraging the OP to do, which is to continue squatting.
From https://www.avvo.com/legal-answers/i...ch-849592.html
"Unless there is a written contract stating how soon you have to be out, you have no legal rights to be in the house for longer than she chooses to allow you to be in the home. In other words, for your situation, there is no law that governs, nothing that says you do or don't have to be out by a date certain.. Your best option is to try and negotiate with her for some time to be out. Technically, until she's probated the will, it's not actually her property yet, but that might not stop her from calling the police and trying to have you removed from the property"
The home was held in trust, as a previous poster explained very well....As soon as the gentleman died, it became the daughter's.
Ah comeon. You have to read for content...That was the first lawyer. Here is the second...
Posted on Jul 30, 2012
No doubt they do things different in Texas, but in Michigan and Massachusetts, and according to Black's Law Dictionary, you are a tenant with the rights of a tenant. You are not a trespasser who can be forcibly removed without due process, you are not a carpet cleaner or repairman who has completed a limited task and now refuses to leave. I think a fair interpretation of the...
Posted on Jul 30, 2012
I agree with Attorney Carrier that you are probably a tenant, but I would want to avoid the sizable legal fee, if at all possible. If they need to have you evicted, in most states, it is about a one month process. As was stated, Texas is a whole "nuther" country, but I would at least meet with an attorney to make sure that you need to vacate the property right away...
3 Lawyers agree
And there are another 4 or 5 comments.
Bottom line was that no one agreed with the first guy...and the view is pretty consistent.
Please read it again. Your understanding will hopefully improve.
" Unless the caretaker has a separate written rental agreement, he or she is an employee, not a tenant, and can be discharged without notice. However, there is still a dilemma if the caretaker fails to leave voluntarily after being discharged. Technically, this person becomes a trespasser by remaining after being discharged, and if you find yourself in this situation you should check with your local police department to see if they will remove him or her."
OP Please read the posts up thread regarding your unpaid wages which is a separate matter than residing in the house. Contact the DOL and get accurate legal information....they will likely be able to advise you also about your living arrangement. Best to you
the reason I'm staying: I have no where else to go. My dog just gave birth to puppies, so no one is going to rent to me. they are too little to find homes for, I have no money to move. I don't have savings ( My dog had o have a C-section that took my savings of 4000.) The estate owes me unpaid wages. That is an entirely separate claim, and until it's settled I don't have the money to move even if it weren't for the puppies. I'm not going to allow the eviction to go on my credit. That won't be even possible for another few months. I'm dead broke. The man I took care of didn't die of cancer, or any other condition where you can clearly see someone is close to passing away. There was no warning and he was fine a week before he passed. He simply died of old age, quietly, at home, exactly as he wanted to. he was 94 years old. He could have lived 5 minutes after I got there or 5 years or who knows? But I certainly didn't have an exit plan prepared. SO that is why I am still here. Because there is no where else I can go, because I have no money. If I could move out now, I would. That is why I'm hoping someone who has been through this or a very similar situation will stumble upon this and let me know what they did. Im not sure why the trustee wont just pay me out of court for the wages and I will be gone immediately. HE is the one delaying the move NOT me. He didn't care about his dad and he doesn't care about me, Im sure is why...I cant be the only person this has ever happened to...someone out there hopefully will see this and understand MY side of everything. I even made them an offer to settle for half of what Im actually owed and he never responded even to say NO THANKS...no one has come bu to see the house to check on it or me or anything...that is so weird to me!! I need WATER. That's what Im asking for information about and also I have no money for an attorney, NO money for ANYTHING. See?
" Unless the caretaker has a separate written rental agreement, he or she is an employee, not a tenant, and can be discharged without notice. However, there is still a dilemma if the caretaker fails to leave voluntarily after being discharged. Technically, this person becomes a trespasser by remaining after being discharged, and if you find yourself in this situation you should check with your local police department to see if they will remove him or her."
OP Please read the posts up thread regarding your unpaid wages which is a separate matter than residing in the house. Contact the DOL and get accurate legal information....they will likely be able to advise you also about your living arrangement. Best to you
Not the case in point where the client is deceased. But still read it...
"If none of these remedies works for you, your last resort may be to retain an eviction attorney to file an unlawful detainer lawsuit. Even if the caretaker is not truly a tenant, if she is unlawfully remaining in the premises, this lawsuit is the only remaining option to remove her."
In the interim OP is a tenant and has to be supplied utilities.
A lot of replies are showing concern for my dog and her puppies. First, yes the C-section DiD cost over 4000. She had 6 puppies inside and I knew that because I was monitoring her with a fetal dopler and I could distinguish the heartbeats, so aafter she delivered 3 puppies no problem, and then NOTHING. I had to run her to the 24 hour VET which is a lot more expensive than her regular vet but he was closed at 1:00 in the morning. The 24 hour vet said she would not survive without immediate intervention so I used my credit card to pay the bill and then had to pay off the card, and for the first few weeks I used credit money to live on but that card (my only card) is maxed out. I don't think I could emotionally handle this if my dog and her babies weren't here with me. I love her and she has literally been by my side, in my bed, or in a bag over my shoulder wherever I went ever since I have had her. I love her. More than I love most people. BELIEVE ME they are taken care of to the best of my ability and my dog IS NOW SPAYED (I had them do it while they had her open for the removal of the other 3 puppies, which did not survive. Probably a blessing but still sad. My dog is a rescue and I think because she had a scar on her belly that looked like surgery had been performed when I got her, I believed she was spayed, she never bled or allowed any other dog near her and I have had her for 4 years. When I caught her in the back yard with another dog that had dug under the fence to get in, I couldn't believe my eyes. SHE HATES other dogs...I couldn't believe she allowed a dog in the yard. they seemed to be mating (Im no expert) so I monitored her and her pregnancy (fetal dopler, regular vet visits etc.) she is ok and so are her babies. I just mentioned it because that family knows about the puppies and rather than talk to me, pay me and let me go, they are vacationing and ignoring me. Who DOES THIS to someone who took care of their parent? AND I MEAN GOOD CARE TOO...none of this BS you hear about elderly people having bed sores and all that. HE thrived with me, he was happy until the moment he passed and I have learned more from that man than I ever did in any school or anywhere else I have ever Been. (RIP) I need to get used to the facts. Not everyone gives a crap about their parents, they have no trouble sleeping at night because they don't concern themselves with the circumstances their actions or inactions create for someone they don't care anything about. I just cannot seem to get used to that...or see it coming, or react aggressively when it does. I'm using this "down time" to take a good hard look at what "MY" failures were, that helped create this situation, not just what EVERYONE ELSE did. I'm carefully reviewing all responses, because even if I don't like some of them, I have to thank everyone because you are ALL doing something that the family I'm dealing with won't do...Get involved, and look for solutions. SO thank you for every comment. They won't land on deaf ears, that is for sure.
So look at what steps you can take TODAY to help move on with the situation? Have you registered with web sites like CARE.com that help caregivers match up with those needing care?
Or are you going to go back to the web design career? IF so, can you update your resume and send it out to ten businesses each day? Can you make a great website to market YOU?
You need to develop a plan of action on how to get a job and move on, not focus on getting water.
Are there folks in the church that may let you live with them for a while doing house cleaning, child or elder care, yard work? Maybe you could move from church member home to home, staying only a week at each place helping them do deep cleaning? Or is there a sanctuary church you can hook up with for room and board?
You really need to develop a plan for 1. job/income and 2. living situation--where you will sleep each night. and if possible 3. keep your church support system, or start making a new one.
Why do you want to file an injunction? You do realize that there's fees to file documents in court, right? And then to have people served, there's fees. Instead of fighting this, GO LOOK FOR A JOB! You've had 3 MONTHS of freeloading and not working. There's no excuse.
I did look for a job, and I got hired and the next day the water and power went off at my residence. Good luck to anyone who tries to keep a job under these conditions. I get that I am an adult and totally responsible for myself, but please don't over look the fact that there are laws in place to recover unpaid wages, and rules for residencies of all kinds that state NO ONE can be evicted by means of force and actions like shutting off power or locking people out.
I'm not stupid or squatting or trying to stay here as long as possible...I WANT THEM TO PAY ME AND I WILL LEAVE. however DURING THE AVOIDANCE AND NEGLECT of that payment, they are ACTUALLY CREATING MORE DEBT TO THE ESTATE! BY their belief that I am no one and helpless, they treat me in a way that violates my rights...Fine. But I WILL figure this out. And if I don't get the water turned on EVER..then that will generate ANOTHER lawsuit at the rate of I think $100 dolloars a day for every day I went without utilities?
WITH THAT SAID I WOULD REALLY APPRECIATE WATER SERVICE..so I came to this forum to see if anyone had any experience with this...apparently no one has.
BUT I HAVE COME THIS FAR SO I ASK AGAIN WITH RESPECT THAT MY QUESTION WAS AND REMAINS TO BE REGARING THE WATER SERVICE. I APPRECIATE THE COMMENTS. but unless you have been in my shoes or similar ones, I really don't need your opinion and it seems silly to repeat the same words over and over like "get out...get a job...find a place to live."
That has been said plenty of times.
I'm looking for someone to post an experience they had with this from EITHER END.
I will NEVER give up, and NEVER keep trying to set this situation right by taking every single legal step I have to in order to get paid for my wages, damages and anything else I am LEGALLY entitled to. THAT trustee would have been just fine with putting me and my dog and her puppies out on the street if he had won that eviction...EVEN THOUGH HE KNOWS DARN GOOD AND WELL HIS FATHER SPECIFICALLY FORBID THIS ACTION. The trustee PERSONALLY Acknowledged IN WRITING that I could stay in the house as long as I cooperated with them and I DID MY PART. SO how the heck is he just allowed to do whatever he wants to me regardless of his written words. he made me into a TENANT WHEN HE SAID I COULD STAY HERE. THAT STATEMENT WAS MADE 2 days after the passing of my ACTUAL EMPLOYER. t THE TRUSTEE DIDNT HAVE TO SAY THAT, DID HE? HE COULD HAVE SAID "MY DAD DIED, TIME FOR YOU TO GO..." BUT HE DID NOT SAY THAT. HE CHANGED THE RELATIONSHIP I HAVE HERE. SO HE HAS TO TREAT ME LIKE A TENANT AND EVICT ME. ANYONE WHO SAYS THAT ISNT THE CASE HASNT READ THE LAW IN CALIFORNA...AS I HAVE DONE EXTENSIVELY.
I AM ASKING ABOUT THE WATER SERVIVE ISSUE. GEEZ
WELL I THINK HE"S NOT allowed to do that. and I won't give up.
As for being here this long. YOU try taking care of a 90 year old who is up at all hours of the night because he wants to chit chat with you. AND NEVER saying no. NEVER making him wait for even the smallest whim to be met and for being cared for and loved every day till he died. It might sound easy but it's NOT. Don't get me wrong...he was anything but a burden... he was a genius! And I jumped at every chance to hear him talk about ANYTHING because he had 90 years of experience...and his family visited twice in 2 years and rarely called, and they ALL LIVE NO MORE THAN 2 hours away. NONE of them showed up here to help me when I asked for time off so I STOPPED ASKING. As far as they were concerned he could have gone to a nursing home. SO quick to judge and so slow to say anything that actually adds to the topic. ADD to the ideas here...DONT REPEAT THEM. I'm not a toddler. Repetition will not make the rude comment any less annoying.
You sound like a very sweet lady who has gone through the deaths of 3 parents already, but now you seem determined to keep yourself planted in the middle of another family's grief and causing trouble after their father's death.
You're in their house, not paying them, you have 4-5 dogs that they never approved. There are many loving people that are caregivers and pet lovers, but that doesn't give any of them the right to squat in someone else's home once their patient has passed. How do you clean up after the dogs with no water? This is a bad situation, you need to get in the car and go. Leave this family alone. Find a cheap motel that takes dogs, see if someone from the church knows anyone who needs live in help. I just don't understand imposing on people.
Whatever the trustee may have said means nothing in real estate, there are no verbal contracts, everything must be written. And what did he really say in that email, that you could stay a few more days? That you could live there for free forever? Makes no sense. Their lives need to move forward, yours should too.
What about where you used to live? You said your visit to your birth mom was going to be just 2 weeks. Is going back to your old roots an option?
IT'S UNDERSTANDABLE THAT YOU PRESUME THEY CARED ABOUT THIER FATHER AND NEED RELIEF FROM ME...THAT WOULD BE GREAT IF THEY EVER SHOWED EVEN THE SLIGHTEST CONCERN FOR HIM I WOULD AGREE WITH YOU...BUT THEY NEVER EVER DID.
IN THE EMAIL HE SAID THE FOLLOWING:
"WE APPRECIATE AND KNOW HOW MUCH WORK YOU DID FOR OUR DAD, WE HOPE YOU WILL COOPERATE WITH US TO SORT OUT HIS ESTATE SO THAT WE CAN CONTINUE TO PROVIDE YOU WITH A PLACE TO LIVE. WE ALSO NEED TO WORK TOGETHER TO FIGURE OUT WHAT YOU WERE PAID AND HOW MUCH YOU ARE OWED."
That is a direct quote from the email
I CLEAN UP AFTER THE DOGS USING BOTTLED WATER AND EVERY LAST ONE OF THOSE BOTTLES WILL BE REPRESENTED IN COURT BY A DOLLAR ADDED TO THE DAMAGES CLAIM.
I THINK WHAT HAPPENED IS THAT THE PERSON WHO WAS INERITING THIS HOUSE (WHO ALSO GOT A COPY OF THIS EMAIL) SHE FLIPPED OUT AND TOLD HER BROTHER HE BETTER NOT LET ME STAY HERE NO MATTER WHAT THEIR DAD SAID. SO THE TRUSTEE, HAVING ALREADY SAID I COULD, IS NOW COMPLETELY AVOIDING ME AND MAKING STUPID MISTAKES THAT ARE UNFAIR AND ILLEGAL. SO IF HE DOESNT CARE ABOUT ME THEN WHY ON THIS EARTH WOULD I MAKE THINGS EASY FOR HIM BY JUST GOING AWAY AS SO MANY PEOPLE HERE HAVE SUGGESTED? I CAN HANDLE THIS IF I CAN GET WATER SERVICE..THATS ALL AI WANT TO KNOW IS HOW TO SOMEHOW FIND A LOOPHOLE OR WHATEVER TO GET WATER.
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You do realize that there's fees to file documents in court, right? And then to have people served, there's fees. Instead of fighting this, GO LOOK FOR A JOB! You've had 3 MONTHS of freeloading and not working. There's no excuse.
