Legal Question in Real Estate Law in California
paid property tax collection
My grandmother died in 1999 with seemingly no will and with 2 surviving children. My mom, one of those children, moved into my grandmothers' home and paid all back property taxes. Now, the property is up to date and--name removed--will mysteriously appeared naming one of her grandsons as the property heir. My mother believed she could live in this home and stay there since there was no will, does she have--name removed--right to collect the funds she paid in property taxes now that someone else can just move in? This home was approaching the 5 year mark in back taxes at the time she paid them.
2 Answers from Attorneys
Re: paid property tax collection
She's entitled to reimbursement from the estate, but the estate is entitled to rent for the period she lived there, so I see some negotiating in her future. If the questions can't be answered satisfactorily, and the will is not valid, then any previous will would be in force, and if no will, then the property passes by intestate succession (split equally between the children).
Regarding the will, finding one now certainly seems suspicious. Where was it? Why was it found now? Who are the witnesses and what do they say? The will can be contested before probate is filed or opened, or can be contested after probate's opened, but the statute of limitations for will contests is very short once probate is opened.
Re: paid property tax collection
Of course the will might well not be valid, and the issue is worth looking into. Beyond that, your mother certainly can seek repayment of what she paid, minus the reasonable rental value of the house for the time she was in residence under a theory of unjust enrichment.
You should have a lawyer look into the question of the validity and authenticity of the will though under the circumstances.
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