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the house I live in was part of a living trust and the owner passed away. His trustee refuses to answer my calls, was trying to evict me, turned off the water and power, and transferred the house into the persons name who inherited it right before our court date. The trustees attorney called me and cancelled the eviction, and said the new owner would probably be starting the eviction over from the start, but has not done so yet.
I have a written statement from the decedent saying his trustee was NOT to evict me and to delay the transfer of the house until I moved out. My letter is not part of the living trust documents, but should still have some merit shouldn't it? and what happened that caused the eviction to be cancelled? I'm GLAD but confused. Can someone shed some light on this? Do I have any rights? I don't even know how to get ahold of the new owner and I have no water services! (I cant get it turned on without a rental agreement)
I spoke to the trustee's brother today and he said his sister inherited the house but shes out of town for a few weeks. Going to court was my only hope of talking to ANYONE about this, I NEED WATER TURNED ON and I have no where else to go and brand new puppies that were just born to deal with, I know that's not relevant but I have had so many people say for me to just leave. I can't leave.
Yes, you need to find another place to stay, even temporarily until you can get a court to hear this issue. Unless you have been given property rights in a bona fide will, however, the wishes of the deceased will not be honored. The Trustee has the power to determine the disposition of the property.
I Know I need to find another place, but since I haven't even been served the notice to terminate the property yet, (the first UD was invalid) then I don't have to move out YET YET YET!! Meanwhile, I NEED WATER. While I AM still here. Isnt it illegal for them to disconnect utilities, I keep hearing how they have the right to do this and they have the right to do that but nothing about MY rights, which is what my question is asking very clearly. NO their rights. I realize they can and will evict me but it takes a couple of months and I have no water. Can I file something in court to make them turn it on? sinice it's ILLEGAL for them to have turned it off in the first place and I didn't get to talk to a judge about it because they cancelled the eviction two days before the hearing. Can I sue them for the time I didn't have water? HOW about the fact that I couldn't go to work because I couldn't bathe? no clean clothes? etc etc? My neighbor said I could but I want to make sure by asking people with that knowledge and experience. FOR CALIFORNIA by the way.
I suggest you read some of the threads in the renting sub forum about evictions and how they will trash your life for a long, long time. It's not something you want on your record. Get moving now.
I can't imagine that it is legal anywhere to disconnect water in an attempt to force someone to move. That's probably why they cancelled the eviction proceedings. No judge would take kindly towards their action.
You could try to contact the housing office at your local municipality of county...or get in contact with the local Legal Aid Society. Perhaps they can help.
How did you happen to occupy the property? Didn't you have some type of written rental agreement or lease?
EDIT: You might even try contacting the American Civil Liberties Union. I'm not sure if they deal with these types of issues, but the might.
I occupied the property as a caregiver for the decedent for 2 years. He was a close friend of my mothers, I took care of my mother, and when she passed away (cancer) he asked me to move in and care for him, which I did until he passed away. His family had little to no involvement. Two days after he passed away his son, the trustee, emailed a letter to me saying that if I cooperated with them in getting the estate information together, they would let me stay, as their father wanted me to (the father never put conditions on it like that..but that was OK I was willing to help out.) I told them everything I knew, and the next time I tried to contact the trustee he refused to answer my calls and that has been the case since May 1st. On June 1st the water went off without notice, on June 5th the power went off without notice (I was able to connect the power in my name but not the water, as I mentioned above.) and now I guess their sister that inherited the house, is my new "landlord" at least while I'm still here. I NEED WATER. IN CALIFORNIA ITS ILLEGAL TO SHUT OFF UTILITES WITHOUT NOTICE AND CERTAINLY NOT DURNING AN EVICTION PROCESS. SO I need to know what to do what to file, Ive called around, no agency can help me because I don't have a rental agreement.if anyone had experience with this I would love to hear what happened, I have heard more than enough opinion. I need real world knowledge if any is available. thank you for the answers so far though, I'm pretty clear on the fact that eventually I have to move.
So this started getting messy on May 1st when they stopped taking your phone calls, right? That's 90 days ago!
I guess what I'm wondering is why you're spending time messing with this water situation rather than finding a new place to live, packing up your belongings and getting on with your life. I just don't get why you're delaying the inevitable. And risking an eviction or trespass conviction being on your record.
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?
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