Legal Question in Wills and Trusts in California
i was a conservator for a friends father while my friend did his jail time. my friend was released. then socail services took is his father and delclared they both needed help. since this happened they both passed away. there is an adminastration deed ? and i dont think there is any next of kin. would i be entitled to said deed?
2 Answers from Attorneys
I'm not sure what an administration deed is. You can petition the court to probate the estate of the person who held title to the property. It would be your duty as the administrator to make a diligent effort to locate family members. There are services that will do this for a fee, of course. Under law, as you know, family members are the ones to inherit property. The law provides that if no descendants exist, then one must go up the chain to the grandparents and their descendants. So, it's possible there might be distant cousins or nieces and nephews who might inherit the property. If the property is free and clear of loans, there are still taxes to pay on it, so it might make sense to seek court approval as the administrator to sell it. But, that's putting the cart before the horse, while you decide if you want to take on that responsibility (and headache).
Just to add to Mr. Cohen's good answer, if no relatives can be found then the assets go to the State of California [escheat is the legal term].