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Here is the siuation. I live in California, in our neighborhood…

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Here is the siuation. I...
Here is the siuation. I live in California, in our neighborhood a elderly woman was killed by a family member ( the only family member she had) The house is paid off and the family member has been arrested and put in prison. The house was in a Trust under the elderly womans name. The questions here is if i were to pay all the property taxes for 2 years, and there was no contestability over that period of time, could I take ownership of the property? My feeling si that property taxes will go int the rear and the city will foreclose on it, I would like to save the property if that is possible.
Submitted: 8 years ago.Category: Real Estate Law
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Answered in 7 minutes by:
6/18/2010
Real Estate Lawyer: Jack R., Lawyer replied 8 years ago
Jack R.
Jack R., Lawyer
Category: Real Estate Law
Satisfied Customers: 6,147
Experience: Mediator, part of the Ohio Save the Dream Foreclosure project
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You will not be able to get ownership. You are trying to get ownership by a process referred to as adverse possession. In order to do so you must actually occupy the house, pay taxes, for a period of 5 years or more.

 

While the home is in a trust, there are rules on who gets the home. Normally if any relative is surviving the home will go to that relative. The home may also be used to pay the debts of the decedent including funeral expenses..

 

If no relative is living, then the home goes to the State of California. The State will probably sell the home if that occurs.

 

 

All comments are provided for informational purposes only. A local attorney should be contacted for specific legal advice.

 

 

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Customer reply replied 8 years ago

The only living relative is her son, who is in prison for life after killing his mother. This happened 2 months ago, and the house is empty. Are you sayign there is nothing that can be done to save the house from reverting to the state?

 

Jason

Real Estate Lawyer: Jack R., Lawyer replied 8 years ago

That is correct. The state is the ultimate heir of all property. If someone moves in, then conceivably that person could claim that property after 5 years.

 

 

 

All comments are provided for informational purposes only. A local attorney should be contacted for specific legal advice.

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Customer reply replied 8 years ago
So If I were to move in, make improvements to the property and pay all taxes for the next 5 years. Would I be breaking any laws and would there be a case for adverse possession?
Real Estate Lawyer: Jack R., Lawyer replied 8 years ago

Yes, but if you are asked to leave you forfeit any chance of claiming adverse possession. You must continuously reside on the property without permission. It is a risky proposition. The state could sell the property to cover the owners medical expenses.

 

 

If you found this answer informative please press ACCEPT so I may get credit for my response.

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

 

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