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I have a relative that has passed that was taking care of…

Customer Question
Hello, I have a...

Hello, I have a relative that has passed that was taking care of property that was in her mothers name but the property actually didn't belong to the mother, it belonged to her son. How does his children go about claiming the property???

Lawyer's Assistant: Estate laws vary by state. What state are you in?

California

Lawyer's Assistant: What documents or supporting evidence do you have?

The title deed from the county recorders office

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

It names the son as the grantor and the mother as the grantee...

Submitted: 5 months ago.Category: Estate Law
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Answered in 13 minutes by:
3/21/2018
Estate Lawyer: Bill Attorney, Lawyer replied 5 months ago
Bill Attorney
Category: Estate Law
Satisfied Customers: 2,810
Experience: Attorney
Verified

Dear Customer ,

Thank You for posting your real property and estate law question this evening. I'm attorney Bill assisting you today.

If the property is in the son's name the son can retake possession of the property and file unlawful detainer proceedings against those in wrongful possession.

If there is a title defect then he can file a quiet claim title challenge in the Superior Ct to restore title in his name.

We are here to help so please follow up with me as required.

In return remember to rate my answer positively today.

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FIVE STARS or your rating is much appreciated.

Best

Attorney Bill

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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