Legal Question in Real Estate Law in California
paid back taxes on probate house, now his?
my grandma died 6 yrs ago. I tried doing probate but the lawyer told me I couldn't, I wasn't next of kin. For yrs the house/ land was left abandoned. my mom& aunts never did probate or anything. The yrs passed and no taxes on the house were paid. I offered to pay the taxes, but was told since I was a realitive I couldn't, especially if it were to go probate. I just found out my cousin just paid all back taxes. He is fixing up the house and taking it as his own, even though the title is still in my grandmas name. Since he paid taxes, does that make it his? Can my mom do probate now? How was he able to pay if I couldn't?
1 Answer from Attorneys
Re: paid back taxes on probate house, now his?
When you say "the lawyer" - whose lawyer do you mean? Not yours, I assume. If it were yours, I think you have grounds for a malpractice suit.
If the cousin who just paid the taxes can also allege that he was in possession of the house for the last five years, he may be planning to assert title acquired by adverse possession.
If this house is worth anything in its present state, and you think you should have inherited or otherwise received ownership or partial ownership, you should hire yourself a real estate lawyer who also knows something about wills, trusts and estates. Preferably someone who practices in the same county as the property. Hurry, there is no time to waste if you want the best shot at protecting or recovering your interests.
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