Legal Question in Real Estate Law in California

Parents Selling Property

A few years ago my Grandparents put their home in my mothers name. Property consists of one main house and three cottages on two lots.I have lived in one cottage for over 20 years with husband and have raised our children there, also have taken care of Grandparents. One has passed other is very ill.Mother is already discussing selling property.Aside from it just being in poor taste to sell the property is there anything legally we can do as family residents of over 20 years to a property that has been in family for over 60 years.Also being caregivers to Grandparents who would have never wanted it sold? Or since it is in her name can she do as she wishes?Thank you in advance for your reply.


Asked on 12/06/04, 1:51 pm

2 Answers from Attorneys

Judith Deming Deming & Associates

Re: Parents Selling Property

Unfortunately, you have little chance of claiming an entitlement to property simply because you have resided there for 20 years and/or cared for grandparents. First, if grandparents had wanted you to have an interest, they could have put you on title along with Mom or instead of Mom, but they did not. Also, if you did not have to pay rent all those years, you were benefitting and a court could determine that your free rent all those years was in return for your care of grand parents. There is no basis for a claim of adverse possession, because you were not possessing "adversely" and you likely did not pay the property taxes, a requirement.

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Answered on 12/06/04, 3:21 pm
Donald Holben Donald R. Holben & Associates, APC

Re: Parents Selling Property

Sounds like your grandparents made their decision when they put their property in your mother's name. While you did not specify whether you were paying rent or not, it appear you may have enjoyed the property for twenty years without charge. However, in response to your question, unles there exists a formal document stating otherwise, it appears you have little or no chance of changing things unless you can convince your mother to make changes.

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Answered on 12/06/04, 5:09 pm


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