Legal Question in Real Estate Law in California

My mother recently passed away and has left no will other than a handwritten note of her intent to pass her one third interest of a property to her disabled son (myself). Her brothers own the other two thirds. She has recorded her one third interest as "Tenants in Common", whereas her brothers hold title in Joint Tenancy. Also, the brothers live out of state and have not invested nor paid for any upkeep, utilities, taxes etc. for at least ten yrs, which I believe them to be resposible for as co-owners. The property is most likely to not be up to code, therefore, un-saleable, therefore a partition lawsuit seems null. Question: How do I record her previous interest to myself? (2) Can I legally deter her brothers from entering & attempting to retain said property while I & her husband live here, claiming a breach of peace?


Asked on 2/23/15, 4:49 pm

1 Answer from Attorneys
William Christian Rodi Pollock

If her title is as a tenant in common, you will likely need to probate her portion to transfer title. This may be subject to an affidavit procedure, but this is only available for property with extremely low value. You should engage a probate attorney to assist. You are not really able to act on her behalf as a co owner until you do so.

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Answered on 2/23/15, 5:28 pm


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