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  1. #1
    Join Date
    Dec 2008
    Posts
    1

    Default Writ of Possession Upon Deceased Party

    My question involves an eviction in the state of: California
    Is a Writ of Possession 'void on it's face' if only party named is deceased for over 1.5 years? I filed Pre-Judgement Claim to Right of Possession and was not named on the Writ. Is the Writ valid as to me?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Writ of Possession Upon Deceased Party

    Why are you making us guess what is happening?

    If you are telling us that the tenant died 1-1/2 years ago, that you continued to live in his rental unit, and now there's an eviction order naming the only tenant identified on the lease, you should expect the order to be carried out.

    If I'm not guessing correctly, or if there's more to the story, do fill us in. Thanks so much.

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