Legal Question in Real Estate Law in California
Who is the leagle owner of this property?
At the time of my Grandmothers death She had three surviving Children. No Will. Several years later at my mothers death I found out that the house has been put in one of my Brothers Wife name. And it is also still in My grandmothers name. My Grandmother still has one serviving Child My Uncle Eddie who is 86 years old. Is it wrong in assuming that He is now half owmer of the property? He Lives in Texas. Can My Uncle be put on the deed and my brother be forced to buy him out? My uncle really could use the money. The property is run down and only worth about 30-40 thousand dallors. My uncle is afread that he will be forced to pay property taxes on the house if California finds out about him. If nothing is done while he lives does the property get signed over to her serviving Grandchildren? There are 7 of us.Thank you ahead of time for your help --
3 Answers from Attorneys
Re: Who is the legal owner of this property?
Louise Aron
Attorney at Law
Lakewood Office:
1536 South Ingalls
Lakewood, Colorado 80232 USA
(303) 922 7687
fax (303) 922-1370
Cherry Creek Office:
300 South Jackson #100
Denver, Colorado 80209 USA
(303) 780-7339
Satellite offices:
Boulder - 4450 Arapahoe Avenue, #100
DTC - 4610 South Ulster, #150
A TOLL FREE NUMBER is available to clients outside the Denver metro area.
web site http://www.bewellnet.com/louise/
Dear LawGuru user:
The answer to your question depends upon where the real estate is located, and a number of other factors that are not contained in your email. If you do consult an attorney, you need to find one who practices in the state where the property is located.
My answers will assume the property is in Colorado. I could not tell from your email.
If there was a proper intestacy proceeding (this is similar to a Probate where the deceased did not leave a Will), and if no forgery or fraud was committed, then the record owner of the property (I wasn't sure who this was from your email) owns it.
You or your attorney needs to look carefully at the chain of title to determine who is in fact the owner of this property. Each time real estate is transferred, particularly from a decedent, the transferor must have proper legal authority for the transfer.
If your grandmother was the sole owner of the property, then for any transfer after your grandmother's death, letters of administration issued pursuant to an intestacy proceeding would have had to authorize any transferor to change the property's title. If the transferor was not so authorized, the transfer is void.
This is a complex matter and it requires further inquiry into the chain of title of the property and the authority of each transferor. Once the title is examined by an attorney, an intestacy or other proceeding may be commenced to determine the proper heirs and/or owners.
Regarding payment of property taxes, they are payable in the state where the property is located. Capital gains, a federal tax, may be owing by the owner of the property on its appreciation during the period of ownership.
Thank you for contacting LawGuru.
Sincerely,
Louise Aron
Attorney at Law
Main Lakewood Office:
1536 South Ingalls
Lakewood, Colorado 80232 USA
(303) 922 7687
fax (303) 922-1370
Cherry Creek Office:
300 South Jackson #100
Denver, Colorado 80209 USA
(303) 780-7339
Satellite offices:
Boulder - 4450 Arapahoe Avenue, #100
DTC - 4610 South Ulster, #150
A TOLL FREE NUMBER is available to clients outside the Denver metro area.
web site http://www.bewellnet.com/louise/
Re: Who is the leagle owner of this property?
You need to know - when you say the property was in grandmother's and a brother's wife's name at the time of grandmother's death - if the brother's wife was then entitled to own all the property after grandmother died. If so, brother's wife or her heirs own the property. If not, then your uncle still has claim to one-half. But if no one has been paying the property taxes for a long time, then very likely the property has been sold at a tax sale. Check with the county assessor's office and county recorder's office to learn more.
Re: Who is the leagle owner of this property?
You need to probate your grandmother's estate to determine heirs and to distribute assests. Attorney's fees are regulated by law and are paid only when the heirs get their share. You may contact me directly at (619) 222-3504.
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