San Bernardino, CA asked in Estate Planning, Civil Litigation and Probate for California

Q: My grandma's died in 2015,I've lived in her home for7 years after her death and now some people came and told me to move

What do I do now .she also left me papers that are legalized saying the home is mine

3 Lawyer Answers
Julie King
Julie King
Answered
  • Estate Planning Lawyer
  • Monterey, CA
  • Licensed in California

A: I'm surprised your grandmother's estate (her assets left behind) has not gone through the Probate Court by now. If your grandmother had a Trust stating her desires, then whatever your grandmother said in that document will control what happens to her property, and your family most likely won't need to go through the Probate Court. On the other hand, if your grandmother had a Will or did no estate planning, then your family will have to go through the Probate Court before anyone can have the home. You mentioned a legal paper but, without reading the document itself, it's impossible to say more. Sorry about that! You need to hire a lawyer to read the document, learn additional information about your grandmother's estate and family, then the lawyer can properly advise you. Best wishes.

Rebecca Sommer and Nina Whitehurst agree with this answer

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: You may very well qualify for adverse possession, whereby you can claim ownership to the property if you have been paying taxes on it for 5 years.

Howard E. Kane
PREMIUM
Howard E. Kane
Answered
  • Probate Lawyer
  • Oakland, CA
  • Licensed in California

A: Before I can completely answer your question, I would want to know more about who the people are that are telling you to move, and why they think they have the legal authority to make this demand. Did your grandmother have a mortgage on the home? Was the home lost in foreclosure or to a tax lien sale? If not, then there is a good chance that the documentation that your grandmother provided you may hold up in probate court. You should have an attorney look at your paperwork and investigate asap.

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.