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I want to know if i can have legal acquisition of the home…

Customer Question
I want to know...

I want to know if i can have legal acquisition of the home we live in, as the owner is deceased and a previous resident says he is due monthly rental monies.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

We are in California.

Lawyer's Assistant: Has anything been filed or reported?

Not to my knowledge. When the owner died his sons were notified... One said he wanted nothing to do with things here and the other is dying in a mental hospital. The brother of the previous tenant was just here claiming we will pay rent or leave, but he has never owned the house.

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

The house is on 10 acres in the high desert. The structure is a double wide in really bad shape. The septic is overflowing, the floor, roof and ceiling have caved in in places, it is almost 40 years old and in places is riddled with black mold. Low on scale of curb appeal.

Submitted: 10 months ago.Category: Real Estate Law
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Answered in 4 minutes by:
11/18/2017
Real Estate Lawyer: Barrister, Lawyer replied 10 months ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,631
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

The previous tenant has no legal grounds to do anything at all if he has no ownership interest..

.

As for the house if you pay the taxes on it for 5 years in a row before they become due and are not paying any rent to anyone, then you could claim legal ownership under "adverse possession" by filing a formal lawsuit called a "quiet title" action against the deceased owner's estate. If you meet those deadlines and have proof for the payment of taxes, then the judge would issue an order declaring you to be the legal owner of the house.

.

.

thanks

Barrister

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Barrister, Lawyer replied 10 months ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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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.

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