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    CESElizabeth's Avatar
    CESElizabeth Posts: 81, Reputation: 7
    Junior Member
     
    #1

    Sep 10, 2008, 12:57 AM
    California Moblehome park death of tenant
    I have been researching the law in California for a moblehome park where the tenants own their own homes, but I cannot find an answer to this specific problem, please help:

    On September 8 the medical examiners office called me from San Diego. My twin sister had died and her body had been found on this day. They believe she died up to 10 days ago. Her nearest kin is considered her son and daughter, both of which they have been unable to find. We have given them all the information we have on them. As of today they still have not been located. We are not allowed to have her sister until at least 10 days have gone by. Today, September 9, one of her neighbors called me and told me the landlord of the park has posted a eviction notice for non payment of rent. Since she was probably dead on the 1st it would have been difficult for her to pay it. We need to know if the landlord is following the proper procedure in the event of the death of a tenant. They could not serve the legal owner because their location is unknown. Her mother and sisters would like to be able to give the home to her children but we need to know what we can do to keep the landlord from taking the home. All three of us are living on a disability income due to spinal cord injuries, as was my twin.

    I would appreciate any ideas or laws that I may use to halt the landlord till her children can be found or what we could do so that our mother could act in their behalf until then.

    Thank You, Frankie
    danielnoahsmommy's Avatar
    danielnoahsmommy Posts: 2,506, Reputation: 297
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    #2

    Sep 10, 2008, 02:05 AM
    It is best to contact an attorney. Does he know she is dead?
    CESElizabeth's Avatar
    CESElizabeth Posts: 81, Reputation: 7
    Junior Member
     
    #3

    Sep 10, 2008, 10:09 AM
    Yes the landlord knows she is dead.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Sep 10, 2008, 01:53 PM
    You need to contact a probate attoreny and have the estate put into probate. Then the judge can appoint at least a temp someone to be over the estate. They can then take her money in the bank, or other moneys and pay needed bills.
    Even put the moble home up for sale if needed.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #5

    Sep 11, 2008, 05:09 PM
    The rent must be paid immediately so the home is not evicted then there will be no asset to sell. Somehow scrape together the rent money for the lot rent. Worry about the probate judge once that is paid. You want to stop the eviction now before it is filed.
    CESElizabeth's Avatar
    CESElizabeth Posts: 81, Reputation: 7
    Junior Member
     
    #6

    Sep 13, 2008, 08:54 PM
    I discover with the Medical Examiners Office it is no longer a rent situation. The landlord cannot serve property only the heirs. They cannot evict or move the mobilehome at all. The heirs have to be found and notified, then the clock starts ticking. It is now governed by estate law.

    Frankie
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #7

    Sep 14, 2008, 07:33 AM
    Quote Originally Posted by CESElizabeth
    I discover with the Medical Examiners Office it is no longer a rent situation. The landlord cannot serve property only the heirs. They cannot evict or move the mobilehome at all. The heirs have to be found and notified, then the clock starts ticking. It is now governed by estate law.

    Frankie


    Thank you for coming back and posting this. This will undoubtedly help someone else along the way.

    Surprised the medical examiner knew this but good for you!

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