Legal Question in Real Estate Law in California
Dad bought desert property for us... now what?
In 1974, Dad bought 40.48 acres in Kern County for his 3 daughters; it was designated a wildlife preserve around 1978. He transferred it to my eldest sister in 1988 to protect it from his ex-wife in the divorce; no action been taken on the property since then except sis paying the taxes. She is now married to a rich man none of us have ever met and deeply depressed.
We would all like to have property put in all our names in case she divorces or is incapacitated, but she is in legal battles with her condo complex and disability and doesn't have time or energy to devote to the Kern Co property. She has told us that whatever we decide that's reasonable is OK with her, and that she will sign off on it as long as WE do all the legwork (e.g. drawing up forms/papers or anything else short of needing her direct involvement/signature).
We would like to sell or develop the property and generate some income, but are limited by the fact that it's federally protected wildlife land. What are our options? What can the rest of us do in the meantime (e.g. have trust papers drawn up, draft documents shifting/sharing power of attorney, etc.), and what agencies should I contact and inquire within?
Thank you!
1 Answer from Attorneys
Re: Dad bought desert property for us... now what?
Have a real-estate lawyer draw up a deed to transfer ownership from ledest sister as sole owner to the three of you as joint tenants or tenants in common; and also a power of attorney giving the two of you powers to deal with the land for the benefit of all three. Then talk to Kern County permit and planning departments about what can be done under the restrictions in place. Maybe the best bet is to sell and divide the money. Sometimes you can sell restricted land for mitigation bank purposes.