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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 110501
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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After our parents died in 2004, they left their family home

Customer Question

After our parents died in 2004, they left their family home (in California) to their six kids in a trust. One brother is an alcoholic, so they stated he was to be able to live in the home as long as he paid the property tax and insurance. Another sister and her husband lived with him there. No rent has ever been requested of any of them. The property tax has not been paid since 2011 and could go on a tax lien sale Feb. 2017. The husband of the sister has offered to pay the back property taxes. If he does this, does he have any legal claim to the house?
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Yes, if he pays the taxes he would have a claim for reimbursement and possibly a lien against the property. He would not get ownership unless he is not reimbursed for the taxes he pays and then he could seek to obtain ownership because of the failure to reimburse him the money he pays in taxes.
You need to enter into some written agreement with him to prevent this, such as a reimbursement payment schedule to avoid him claiming a lien on the home for reimbursement.

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