Penn Valley, CA Estate Planning Law Firms & Lawyers

The person that establishes they represent the estate would have standing under California law to evict the occupants. The authority may be established by proving they are named as Executor under the Will (if there is no trust), or are named as next-succeeding trustee if there is a trust and the property is titled in the trust or, if neither of those, successfully petitions to be appointed personal representative of the estate. There is a priority list for who will be entitled to Letters. Not an easy process to navigate without an attorney experienced in probate administration.

If your mother is competent she can dispose of her assets any way she wants to. If at this time she does not want to transfer her home to her nephew, you could have her transfer the home into both her name and yours, even add other grantees as appropriate. Once in the new ownership all of the new owners would have to participate in a transfer, not just your mother.

Your husband needs to file a petition for conservator-ship of his mother and at the same time obtain an order terminating the power of attorney. Suggest you seek the services of a probate attorney who specializes in conservator-ship proceedings. With the conservator-ship, your husband being the conservator of the assets also could sell the house to help pay for his mother's care if needed as the asset is for her care, so as to not burden the taxpayer for her eventual board and care in a licensed facility. Tell the aunt to stuff it, as she cannot sell it.