Legal Question in Wills and Trusts in California
My grandma passed away12yrs. Ago this aug. Her 3 children never did anything with her house... just took her things. (My mom and 2aunts). In fact my 2 aunts had disowned her while she was alive. I was the one who took care of all funeral arangements and costs. I have all the important paperwork such as deed to the house, death cert, etc. I tried to do probate after she died ut was told ecause I wasn't next of kin and no will, my hands were tied. Now 12 yrs later the house sits abandoned, empty. I do not have contact with my family (except for my mother). Has anything changed where I can now do proabte on her property? (Being the granddaughter) iwas hoping that since 12 yrs have gone without her next of kin doing anything now I could?
4 Answers from Attorneys
I think you were given some poor advice 12 yrs ago. You should open probate now. You may need to explain to the judge why it has taken so long for this estate to enter probate.
Good luck.
But, why should she bother? She's not going to inherit anyway.
If they will all sign off on the property, o.k., butbotherwise nothing has changed. If she a. Moves in to the property and b. Starts payingbthe taxes, in seven more yearsbshe can quiet title by adverse possession.
Mr. Seidler raises an interesting point, but is wrong as to the time limits. A person who moved into the house and paid property taxes for five (5) years may have a claim to title of the house based on adverse possession. Someone must be paying property taxes on that house, or else it would end up in a tax foreclosure sale.
You may want to speak to an attorney at length with more detail, as I get the sense that there is more going on here than meets the eye.
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