Legal Question in Real Estate Law in California
property of remaining heirs
My uncle purchased my grandmothers property and he moved in. She to another home. My grandmother said she was receiving $100.00 per month for payment. She died before he paid for the property. He recently died and now the property has been sold by his son, do I have a claim as her grand-daughter as an heir to the sale of her property or has my uncle committed fraud by hiding the fact that she had a will, as no will has been found. Thank you --name removed--
1 Answer from Attorneys
Re: property of remaining heirs
If you were an heir of your grandmother by will, or by the rules of intestate succession, you would probably have a claim against your uncle's estate for at least a portion of the unpaid balance, if any, on the house sale. It can't be said from the facts whether there's any fraud involved. Both the inheritance and fraud issues would require more facts and analysis, including dates, title reports, review of whatever documents can be located, and interviews with persons with knowledge of the parties relationships and dealings. This is way too complicated to resolve based on a short paragraph of information. If you do consult a lawyer, and I recommend that you do so, the right specialty might be administration of estates, or at least a trusts-wills-and-estates person, rather than a real property lawyer. I know it concerns real estate, but the legal issues and knowledge required will probably lie more in the arena of administration of estates.
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