There’s a Stranger in My Loved One’s Home. What Do I Do?
If you’ve recently lost a family member and discovered someone unexpectedly living in their home, you’re probably feeling overwhelmed, confused, or even a little scared. You’re not alone. This kind of situation happens —and while it’s unsettling, there is a calm, practical path forward.
Let’s walk through it together.
Step 1: Pause and Gather Information
Before confronting the person in the home or calling the authorities, take a breath. The best thing you can do right now is get organized. Everything depends on understanding the facts.
Before consulting a professional probate attorney, start by collecting the following:
- Who passed away, and when?
- What do you know about their assets? Did they own the home? Was it in their name?
- Do you have a copy of the will or trust? If not, is there someone who might?
- Who’s in the home? Try to learn whether they claim to be a tenant, friend, roommate, or someone who says they were helping the deceased person.
- Who are the heirs or next of kin? It’s helpful to have a family tree ready.
Think of this like building a file to help your future attorney provide quality guidance.
Step 2: Understand the Legal Landscape
The truth is, there are several possible legal paths here—and which one applies depends entirely on what you uncover.
Here are a few examples:
- If your loved one owned the home in their name, you’ll likely need to open probate to get legal authority.
- If the person inside claims to be a tenant, the matter may involve landlord-tenant law, not just probate. (Some probate attorneys also have brokerage licenses and practice real estate law.)
- If there’s reason to believe this person took advantage of your loved one, elder abuse or fraud claims could come into play. (For this, you will need a probate attorney who is comfortable with civil courts and litigation.)
- If the estate is small enough, California offers simplified procedures to skip full probate.
You don’t have to figure all this out on your own—but knowing the facts gives your attorney a much better starting point.
Step 3: Meet With a Probate Attorney
Once you’ve assembled your information, reach out to a probate attorney. Bring:
- The death certificate
- Any estate planning documents (wills, trusts, deeds)
- Notes about the person in the home and any statements they’ve made
- A list of heirs or known family
The attorney may recommend probate, a court petition for instructions, or even an eviction—but the right solution depends on the whole picture.
A Gentle Word of Encouragement
It’s hard enough to lose someone. Discovering complications like this can make it feel even worse. But please know—you don’t need all the answers today. Start with what you know, write things down, and ask for help from people who’ve walked others through this before.
You’re doing the right thing by seeking clarity first. Everything else will follow.
If This Is Happening to You in Kern County, You’re Not Alone
Every situation is different, and it can be hard to know where to start. That’s why I offer consultations for Kern County families navigating probate—or just trying to figure out whether probate is even needed.
If you’re facing a situation like this, I invite you to schedule a consultation. I’ll review your unique facts, help you understand your options, and guide you toward the next best step. I have experience in real estate and litigation. In situations like this, I can help you evaluate all your options.
Click the button below to schedule your probate consultation. I’m here to help, and I’ll walk this with you.