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
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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.
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