Q: California Our mother died and we don't know what claim we have to the house we lived in.
My grandmother had my mother and our family live in her paid off home since I was little. After Grandma died years ago, we continued to live there. My parents never married but my father pays/paid the property taxes every year. My mother suddenly died earlier this month and now an Uncle is trying to claim the house as his and wants us out. We are not aware of or haven't found any paper work about the agreement between my grandmother and mother and aren't sure if there even was any. What can I and my siblings do? My father is retired, we grew up in the house and the lot is a prime location and huge, we suspect that's why our uncle wants us out to sell.
A: In order to understand your rights and your potential claim to the property (all or part), an attorney will need to know how title to the property is held, whether there are any wills or trusts, and whether any probate or other court proceedings have taken place. You need to consult with a probate attorney quickly, especially since your uncle is trying to get you to leave. There is a good chance you and your siblings' rights are equal to his as far as ownership goes, but if he is appointed administrator by the court, he may be able to sell the property.
James Edward Berge agrees with this answer
1 user found this answer helpful
A: It all depends on what grandmother's Will and your mother's Will said.
I suspect that neither had a Will. The answer, though it depends on the deed too, is probably that the house passed to your mother and her siblings (the uncle?) in equal shares and now uncle wants his share. That probably means that Uncle has the right to part of the house and, with a lot of trouble, he can get a judge to force you to sell it.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.