Legal Question in Real Estate Law in California

How long does it take for probate of partners mom. assessor auction is pending.? I was out of town for a few years. when I got back the person I gave a P O A to, to take care of things and rent the place, burned the place down, the city put a fence around it and some jerk talked him, my P O A who I didn't realize had a drinking problem, in to trying to sell it out from underneath me! That plus the fact that I found out I have stage IV cancer, makes it very difficult. What worries me is my irresponsible partner never transferred title or even filed a death certificate for her mom who died 10 years ago. My real estate agent says that the assessor said they wait because were in escrow, but if my partner has to be probated it could to long and the assessor could change his mind. We are six years behind in property taxes. What should I do?


Asked on 8/23/10, 7:36 pm

3 Answers from Attorneys

Doug Michie Michie Law Firm

Do not give up! You can get the property transferred from the mom through a simplified probate. Have the partner assign any interest in the inheritance to you.

I am available to phone consult at 805-643-9300

www.michielawfirm.com

I guess I wouldn�t feel lawyerly unless I wrote a disclaimer to this answer � after all, that�s what we lawyers are trained to do. So here it is. Disclaimer: Trying to provide a complete answer to a brief question without meeting the questioner and without getting all the facts is much like internet dating. Despite what you have been told by the person you�ve met online (and don�t they always put everything in the best light for themselves), once you meet them face to face you realize how much has been left out. People tend to bend the facts and there is always the other side to the story. So, this answer is about as valuable as the price that was paid for it. It should not be considered legal advice. It is meant as a general overview of how the law could apply to a very broad set of facts that may not have any applicability to the actual circumstances of the person making the question. It is hoped to provide some understanding of the broad field of law that could come into play. No attorney-client relationship has been formed with the questioner and no attorney client relationship was ever anticipated by my response to this question. I would also like to remind you that I am only licensed in the State of California, and the answer provided is based upon my knowledge of California law.

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Answered on 8/28/10, 7:47 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Boy! I don't know how Mr. Michie figured out who's who here. To me, your facts are totally unclear. One way to forestall a tax sale is, of course, to pay the taxes. Someone is going to have to do this eventually.

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Answered on 8/28/10, 9:02 pm

Mr. Michie is just chasing ambulences here. There is no way to answer your question as written. Hire a real attorney who isn't using this site to chase clients.

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Answered on 8/29/10, 6:00 pm


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