Legal Question in Real Estate Law in California
What does it take to petetion for Abandonment of property?
My sister and I have maintained and managed a piece of property in Monrovia
since Mom died in 1994. The property was in her husband Barney Witbaard & Betty (his first wife) Witbaard's name and still is. (both of them died in 1990. Their daughter Marcia "gave" it back to Mom because she was rich and wanted nothing to do with it.
BUT, never signed a quick claim deed either, and she hated Mom and both my sister and I, so we never asked for the "Quick Claim Deed" either
How many years before we can petition for abandonment to get the property. We have always paid the taxs and insurance.
Perhaps in the Trust or in our names?
Do I need a Real Estate Attorney or a Probate Attorney?
2 Answers from Attorneys
Re: What does it take to petetion for Abandonment of property?
The facts given are incomplete. Did Barney and Betty divorce? If so, who got the property in question? Did Betty have the right to dispose of 100% of it to Marcia? Was there a will? How did Marcia carry out her disclaimer, and why and how did she disclaim to Mom? I agree that the writer and his sister are apparently entitled to ownership by adverse possession, but the prior history of ownership needs to be sorted out in order to determine whom they adversely possessed against. The attorney selected should know and practice both real estate and probate law, but the issues probably won't be too complex once the facts are straightened out.
Re: What does it take to petetion for Abandonment of property?
You need to file a claim for adverse possession, which tolls after 5 years of open and notorious use of the property and paying the property taxex. I assume you are located in Southern California, call me for a free telephone consultation at 818-342-8020 x1
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