Q: This is going out to GROSSMAN. You needed more information in order to answer my question.....
1. Trinity county superior crt. In trinity co. Ca
2. The tenant in common is also the plaintiff
3. The man who pulled the trigger is in prison,but the county never explored and possible connections between the plaintiffs sudden decision to relocate and his insistence that my dad fill that vacancy.
4. The property is located on the SW side of the hayfork valley, which is also in trinity co
5. There are 3 title holders ( quit claim deeds)
6.My mom and dad are on one as community property. Then the plaintiff has one as a single man and the other tenant recently died without a will, but his deed stated ,he was a single man. All three deeds are for a 1/3 undivided interest.
7. I believe the plaintiffs lawyer has requested all defendants be found in default I don't know if that would make her a defendant still or not
A:
Thank you for the information, however I forgot what your question is. However, I can give some basic advice, but at the risk of not understanding many of the things on your list. And, I don't want to commit malpractice by advising you wrongly. So, here is what I think. First of all, based on your comments, there is probably not much you can do about the unfortunate murder of your father.
As to the property in question, it is imperative that you find out how and when the current plaintiff has "requested" that all defendants be found in default. Have you accessed the Court file? Is there a hearing set up to rule on the Plaintiff's request/motion, etc.?
I have not seen the quitclaim deeds, so I will take your statements about them as being correct. I assume the following:
1. That your deceased father's name is on one quitclaim deed, along with your mother's name, as community property.
2. The plaintiff has a 1/3 claim as a single man, and
3. The 3d defendant who recently died may have some heirs who could claim an interest in the property, however that interest might have to be Probated.
I don't think that the plaintiff becomes a defendant under any of these circumstances.
For clarification, a tenant in common only becomes such if two or more people claim that interest in the property at the same time. Since I don't know if all of the claimants to the property received their interests in the property at the same time, I cannot comment on that.
I suggest you review the Court file, and if you don't have an attorney on your side, that you get one ASAP. This is a very complicated case, and having an attorney is the best move you can make.
Good Luck, and be sure that you don't miss any court hearings.
Tom Grossman
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