Legal Question in Real Estate Law in California

Real Estate Property

What happens to a property when the owners dies and has no heir or did not will it to anybody and the property is empty, unkept for a while? Can i purchase this property and from whom?


Asked on 3/29/07, 3:09 pm

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach

Re: Real Estate Property

When a person dies without a will or a trust their property passes by intestate succession. It is hard to believe that a person has no heir. Heirs as used today in the law mans more then just somebodies children, if there are no children the law looks to the parents, if there are no parents living it will look to brothers and sisters, this will move on so on and so forth up and down family lines called parrentellas.

Normally when property is probated and there are no heirs, property will sit in an unclaimed property fund until it escheats to the state. Real peoperty however, is mopre likely to be effected by a tax foreclosure sale when property taxes have been unpaid for five years. At that point it is sold to the highest bidder in a sealed bid auction. You may not ever get notice of the pending sale if you are not a person of interest on the tax roll or a contiguous land owner.

Very truly yours;

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Answered on 3/29/07, 7:22 pm


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