Legal Question in Wills and Trusts in California
probate, taxes and property.help asap
my grandm passed away aug 2000, she had 3 daughters two which had disowned her, i have letters in herb writing stating so, the other my mom- basiclly I guess i have been the one left to take care of everything...her house which she owned has not gone through probate, I didn't hink I could since I am not next of kin... plus no money, homw taxes have not been paid. Can I do probate? now? If I pay the taxes does the property become mine? almost 3 yrs and one of my aunts is now going to the house and breaking in. what can I do?
1 Answer from Attorneys
Re: probate, taxes and property.help asap
The property would not become yours unless you bought it at a tax sale, or received it by "adverse possession"--which requires paying the taxes but also "open and notorious" occupation of the house, e.g. telling people it's yours, and acting like it's yours, and having no owners enforce their ownership rights for a certain period of time. Thus, it sounds like adverse possession wouldn't apply in your case.
You are entitled to file for probate, but your mother and aunts would have priority, so perhaps your mother should file. It would be best to have the heirs in agreement before filing probate, but if this can't happen, someone should just file to prevent the loss of the house.
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