Legal Question in Wills and Trusts in California
How do I put a house into probate? My Grandpa and Grandma have a house in Compton, CA. My Grandpa died in 1997 and my Grandma died in 2004. The house is still in my Grandpa's name and it was never in my Grandma's name. My mom has lived there basically all her life on and off and this is the house me and my sisters were raised in. She currently lives there and has been paying the taxes on it since my Grandma died. There are things going on now like she kicked my pregnant sister out and moved in her jailbird boyfriend and his friends. I would like to know if there is anything my or my sisters can do? My Grandma and Grandpa also had 6 other kids but I think they are either afraid of my mom or think the house is in her name. I do not really know my aunts or uncles and haven't seen them in years.
4 Answers from Attorneys
Legally, the house will belong to your mother and siblings. A probate should be open to change title. A sibling might seek to partition the property and cash out his/her share. If there's no agreement, the property might have to be sold. There's not much you can do except protect your mother legally if the guy in the house is dangerous.
Anyone with an economic interest in the death of some one can file for probate and eventually get the title to the property changed that way. It may not be the case that you have a real interest but no one might object. It is not clear what you really want to do so we can not tell you what your options are.
I suggest talking to a competent attorney, as I see many issues presented by your post. The fact that your mother has lived there for over 5 years, and has been paying the property taxes, gives me a strong indication that she would most likely be able to quiet title by way of the doctrine of adverse possession.
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