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Question

My mother died four years ago, my step dad just passed and there is no will or trust. Is adverse possesion my only avenue to keep the property(approx $130K value) from being snatched away in probate by a blood relative of my step dads family?

Submitted: 276 days and 13 hours ago.
Category: Real Estate Law
Value: $40
Status: CLOSED
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Optional Information

Sonora, California

Already Tried:
there has been no decision made yet. Still wool gathering at this time.

Posted by J D Haas 276 days and 13 hours ago.

Answer

If your step dad died without a will, then the estate will be disposed according to the intestacy (without a will) laws of the state in which you live. No one can "grab" anything and keep it--the laws of your state will determine the heirs and the amount that they collect.

If you have complied with the rules for adverse possession in your state, then you can make an argument that you own the property. Consult with a local probate lawyer regarding the estate issue and a real estate lawyer to determine whether you have fulfilled the adverse possession rules. Best wishes.

I hope that I have helped you and answered all of your questions. If
I have not answered all of your questions, please ask more questions.


If you would like to direct a question specifically to me, please ask
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Please be aware that my answer is not legal advice,
it is merely information. For a specific answer to your unique
facts you need to contact a lawyer in your area because I do not have
access to all of the information and evidence that you can show to a
local lawyer. The only way that I am legally responsible for your
legal rights is if you have signed a written retainer agreement with
my law firm.

276 days and 13 hours ago.

Reply

Am I correct in assuming that there is a multi year time frame that we must hold the property prior to petioning for change of ownership, and then only if no claims have been placed against the property?

Accepted Answer

Adverse possession in CA requires that the person adversely possessing the property has paid taxes for a number of years. Please see: http://www.dot.ca.gov/hq/row/landsurveys/Study_material/California-Adverse-Possession.pdf

If you have fulfilled the requirements, then you can get the title changed into your name. Good luck.

I hope that I have helped you and answered all of your questions. If
I have not answered all of your questions, please ask more questions.


If you would like to direct a question specifically to me, please ask
for me in the body of the question and I will receive your question.
I would really appreciate that opportunity.

Please be aware that my answer is not legal advice,
it is merely information. For a specific answer to your unique
facts you need to contact a lawyer in your area because I do not have
access to all of the information and evidence that you can show to a
local lawyer. The only way that I am legally responsible for your
legal rights is if you have signed a written retainer agreement with
my law firm.

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Expert: J D Haas
Pos. Feedback: 98.7 %
Accepts: 
Answered: 2/19/2009

Lawyer

23 years of real estate trial law experience.

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