Legal Question in Real Estate Law in California

Re: property inherited

Well, someone better do something about all three pieces of property!

You need to have a comprehensive plan that keeps you out of court (if possible), and keeps the properties insured, producing income, maintained and the taxes paid. This is not a trivial matter; it can be a full-time business, especially if the siblings do not see eye-to-eye on everything.

There is a legal remedy for unhappy co-owners of real estate, and the use of that remedy - a lawsuit for partition - is often resorted to by siblings who inherit real property under circumstances of deficient succession planning by their parents.

I recommend negotiation, reasoning and mediation before filing suits in family situations. If there is a family lawyer (is this a 19th-Century concept?) he or she should be asked to try to heal the differences and put together a plan that preserves family wealth.

Failing that, one or another of the siblings should take charge, but in a way that considers the long-term interests of all, and not selfishly. In the longer run, judges and juries would snuff out any unfair or dishonest attack on the rights of the others. Filing a suit for partition of one or more of the properties may have to be one of the elements of proper handling of your mother's gift.

Even though she failed to provide a blueprint for the three of you in the form of a will, there is no reason you can't work out your own plan for fair and equitable sharing. A real estate lawyer with experience in partitions, and hopefully also with some family-unity and estate-administration experience, would be the ideal kind to retain.

Re: property inherited

If there is a dispute, a partition action can be filed. Should you have any questions concerning this procedure, please contact us.