Q: Quick claim deed left to mom by her father and both have passed.but her brother lived in house until his death he paid
The taxes but never changed the deed dose he and his children now own the house.and if not what do her children do now
A: There is an area of law called “squatter’s rights”, which allows people who continuously live by themselves in vacant property for a certain period of time to apply for ownership. Each state has different rules and requirements to gain ownership. It’s hard to tell if these laws apply to your situation, but they may not. Part of the answer will depend on how your mother owned title to the property, i.e., in joint tenancy, tenants in common, community property, a married (or single) woman as her sole and separate property, etc. If title is NOT in joint tenancy or community property with the right of survivorship, then title likely doesn’t affect ownership at this point. The next question would be: Did your mom have a Will or Trust saying to whom she is leaving her real estate and other assets? If so, it’s much more likely that the person or people named in the Will or Trust would own the property. If your mom did not have a Will or Trust, you should immediately see a Probate Attorney to file a Petition with the Probate Court. At the end if the probate process, a judge would then order the property to go to your mom’s spouse, if she had one, or to her kids, if your mom wasn’t married. Best wishes!
A: In order to claim property through adverse possession, there must be uninterrupted and continuous possession of the property for at least five years. Once the adverse possessor invades the property, the clock begins ticking on the five-year requirement. If the true owner resumes possession, records notice, or files an action to quiet title, the clock is stopped. In your situation, it appears that the children occupying the property do not meet this adverse possession requirement. I recommend recording notice, filing an action to quiet title, and filing a probate petition to probate the home. Mom's husband (if he survived mom) and Mom's children stand to inherit this property per the probate code and laws of intestate succession. Call me if you need help with this.
It would depend on the specific language of the quit claim deed and any subsequent actions taken by the parties involved. In California, a quit claim deed transfers any interest the grantor (person transferring the property) has in the property to the grantee (person receiving the property). If your grandfather left the property to your mother through a quit claim deed, then she would have legal ownership of the property.
If your uncle never transferred the property into his name, then he would not have legal ownership of the property. However, if your uncle paid property taxes on the property for a significant period of time and openly lived in the property as if he owned it, he may have established adverse possession, which could potentially give him legal ownership of the property.
It's recommended that you consult with an attorney who specializes in real estate law to review the specific facts of your situation and advise you on the best course of action. They can help you understand your legal rights and options for resolving any ownership disputes.
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