Legal Question in Wills and Trusts in California
Living in House never Settled by Executor
My wife is trying to help her Parents with a property problem. My father in law was one of five grandchildren who were to inherit a piece of property with a unlivable shack on it. This was over 30 years ago. The Executor of the EState was and is my father in laws older brother. He was supposed to sell the piece of property and distribute the monies. He was in no hurry to do this and decided to let my father in law live, rent free, on the property until he sold it. The verbal agreement was that my father in law was to maintain the property and pay the taxes.
The older brother had a dispute with the attorney handling the probate and basically nothing happen with the property for many years. The attorney died and all the paperwork dissappeared.
It has now been over 30 years and my father in law would like to get the property in his name. He has made thousands of dollars of improvements to the home, paid the taxes and lived on the property all this time. He feels the other siblings would be willing to turn the property over to him but no one knows how to proceed.
We have no idea how to proceed. Any ideas would be helpful. We have contacted a couple of attorneys in the area and no one wants to even approach this case
4 Answers from Attorneys
Re: Living in House never Settled by Executor
The first thing to determine is how is title currently held? Is it in the name of all the siblings, or is it still in the name of the person who left the property to the 5 siblings.
If it is the first instance, the only thing that would need to happen (if they actually are agreeing to do so) would be to sign quitclaim deeds to the father in law.
If the deed still has not been changed, there is a different problem. The court should still have some record of the probate, even if the attorney is gone. If not, there might need to be a petition to the probate court to quiet the title.
Re: Living in House never Settled by Executor
get to am attorney immediatly and get a copy of the deed currently showing who holds the title. now if your father has reciepts for all the upkeep and most importantly the taxes he has paid for the last 5 years he could file a lawsuit angainst all his siblings, borthers, sisters and relatives who would want to claim an interest in the property for adverse possession. based on the facts i think if all is true he has a good chance of being successful. if everyone would agree he should own the house and they would willingly give it to hime by way of a quitclaim deed it would be much easier and less expensive but do it throug an attorney who is expert in real estate and probate/estate planning. don't do it yourself or you may be on the end of losing what you otherwise would have gained === good luck
Re: Living in House never Settled by Executor
Assuming the probate was never completed, it can be done now. It would take some effort, but you should be able to retrieve a complete copy of the probate file from the county court. That will give you information on how much has been done so far.
Then someone (presumably your father-in-law, if he's able) will need to be appointed "personal representative". Finish the probate proceeding.
There are potential gift tax issues with having the siblings merely "quitclaim" their interests to your father-in-law. A "quiet title" action would settle those problems, but there might be an easier way.
Let me know if I can help.
(Certified as a specialist in probate & estate planning law - California State Bar Board of Legal Specialization)
Re: Living in House never Settled by Executor
It may be possible for your father in law to claim the property as his own simply because he has lived on it openly for such a long time. In such a case, the probate process would not have to be re-opened. Feel free to call me if you would like to discuss this possibilty.
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