Posted by Tom-FL on August 08, 2005 at 23:16:02:
Yeah, so who’s name is on the public record as owner?
Who’s name is on the tax bill when it comes?
heir dispute over house! - Posted by kim
Posted by kim on August 08, 2005 at 05:13:47:
WOW what a mess! My siblings ( all 3 of them ) have apparently sold their rights ( assuming the house had been left to our mother, whom has died ) to a fiduciary company that has already tried and failed to evict me. The only way I found out that my siblings were involved is through court order to turn over the records. The house was originally my grandparents whom raised me and both have passed away. Our mother also has died. the house is worth about 300,000.00 and they each recieved 17,000.00. I have paid all taxes and lived here for 20 + years. how could this be legal?? please help I need all the advice I can get Kim’s clueless in cali
Re: heir dispute over house! - Posted by kim
Posted by kim on August 08, 2005 at 18:33:51:
Ok here goes…my grandfather died in 96 my grandmother in 97 and then my mother was killed in 98, and yes there was will, left by my grandmother and in it she leaves the house to me, and so what my siblings have done was assumed that my grandmother left my mother the house there for “logically” they would be in line to inherit from our mother, I am already 40,000.00 into my attorney, ok so if that was the logical conclusion…wouldnt you think the “logical” thing for this guy that “bought” there rights might have come and knocked on my door beforehand… instead of trying to evict me… thus costing me thousands of dollars…Im suing them all.
Re: heir dispute over house! - Posted by Brian (UT)
Posted by Brian (UT) on August 08, 2005 at 12:37:34:
Kim
You don’t say how the present deed shows ownership, you don’t say when your grandparents died and if they left a will and who inherieted, you don’t say when your mother died and if she had been left the property or an interest in it. All important facts because Califormia law states how property is to be distributed if one dies without a will. Secondly if there was a valid will that is the starting point. Before we can help.
Secondly, you say you have been living there and paying the taxes for 20 years. I’m assuming you didn’t have some kind of lease in place, and none of your siblings or other relatives paid any of the taxes or upkeep. In that case you may have met the requirements for adverse possession amd have the right to take over the entire property with a quiet title suit, talk to a real estate attorney.
It does appear, at the least, your a tenant in common and as such have to right to occupy and use the property, you also have the right to sue the other tenants in common for their share of expenses such as taxes, etc.
Brian
Re: heir dispute over house! - Posted by Jimmy
Posted by Jimmy on August 08, 2005 at 08:07:28:
How, PRECISELY, is title held? It makes a huge difference.
Your siblings can do what they want with their property interests. and you cannot stop them. if they sold them,they sold them. There is nothing in your description above that suggests the “fiduciary” company did anything improper.
By the way, what the heck is a "fiduciary company. anyway?
Re: heir dispute over house! - Posted by Sage
Posted by Sage on August 09, 2005 at 19:04:50:
Did your grandmother’s estate ever go through Probate Court? If not and the title to the property is still in her name then that will be the first step to take to have title devised to you. Many people do not bother to go through the probate process until a situation like this arises and they find out that they do not have clear title.
My advice is to start with the Probate Court and go from there. I cannot imagine what this attorney is doing for you for $40K if he hasn’t yet figured that out. Hope this helps.