Legal Question in Real Estate Law in California

Re: Vested Intrest in a property?

With no will, the children are the heirs under the rules of intestate succession. Subject to the outcome of probate, they will be the owners of the house. They'll have the right to evict your family, since you'll be unlawfully in possession.

Mr. Johnson argues that you have 90 days as tenants. It is arguable whether you were tenants; possibly you were only guests, although payment of the mortgage, etc. lends some credence to the argument that you were tenants of sorts, since you were giving a consideration for the right of occupancy.

I think it is really unfortunate that you made these payments for 4-1/2 years without some kind of assurance that you'd have a lasting situation. Under the circumstances, however, it looks like the payments will be treated as the equivalent of rent; your family got occupancy in exchange for rent which coincidentally was equal to the mortgage obligation. If the mortgage payment was relatively small in relation to the rental value of the property, you got a good deal.

With three children being the new owners, there is a good possibility that the three of them will not have any immediate joint plan as to what to do with this house. As the heirs, they will be responsible for the mortgage payments. Why would they not be perfectly happy to continue the existing arrangement? Presumably none of them is currently homeless and needs to move in. Why toss out a good tenant?

I think your best course here is to reconcile yourself to the reality that 4.5 years of paying the mortgage was like paying rent, and did not make you the owner; also that your aunt did not, for whatever reason, will the place to you; that if she had, you'd be little or no better off (still paying the same mortgage); and that you are in a favorable position, absent bad blood in the family, to stay in the house as a favored tenant with a good history of paying the rent.

These situations are never simple, but think these comments over and see if they fit, and help.

Re: Vested Intrest in a property?

Keep in mind that you are a tenant. You paid rent on her house for the past 4 years. You are entitled to 90 days notice to vacate.