Legal Question in Wills and Trusts in California
Last Surviving Relatives
There is a residential property which is currently owned by a deceased person. She was an only child who had one son (never married) and one grandson. She passed away in 1978 and her son passed away in 1995. She still currently holds the title, free and clear of any encumbrances. We do not know who has been paying the taxes which are current. The house was empty for many years. Now someone who is not related is living in the house. Can the grandson make any claims to this property? What actions should he take?
2 Answers from Attorneys
Re: Last Surviving Relatives
The person living in the property may have aquired ownership through adverse possession, if they have lived in the property continuously for 5 years AND paid all the property taxes.
Re: Last Surviving Relatives
The grandson should see a lawyer immediately to begin probate proceedings and possibly a quiet title action. Under California's adverse possession law, someone living in the house ("open and notorious possession") and paying the taxes for five years can acquire title by adverse possession. It's difficult to know how long that person has been living in the house, but it appears he/she has not received title yet, so the grandson needs to immediately preserve any rights he has to the property.
The probate attorney fees are not paid until the end of probate, so if it appears that the grandson still has a right to the property, he should not have to pay an attorney anything to get started other than the filing fee.
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