Legal Question in Real Estate Law in California
Can ownership be disputed without deed?
My mother left her house to me and my sister when she died. She had not lived in the house for about 15 years. Instead, her brother, our uncle did. He lived there rent free, but paid the property taxes and insurance. The mortgage had long since been paid off by my mother. Her will is in probate, and we want to sell the house. My uncle is claiming the house was his, and not hers to leave to us. He claims our mother told him she considered it his house. To our knowledge, his name never appeared on any deed or loan instrument on this house. Is it possible for him to successfully claim ownership of the house?
1 Answer from Attorneys
Re: Can ownership be disputed without deed?
Without a deed or other legally sufficient writing, your uncle's claim is a loser; that said, anyone with an ax to grind and the price of a filing fee can file suit or make a claim in probate simply to hold everything up and try to extract a settlement of some sort.
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