Visalia, CA asked in Real Estate Law and Estate Planning for California

Q: my granndma died years ago an the state took her house as her grandaughter am i entiteled to any money from the state?

2 Lawyer Answers
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: If your grandmother's house was taken by the state of California, it is possible that the state took possession of the property for a specific reason, such as unpaid taxes or debts owed by your grandmother. In such cases, the state may sell the property to pay off the outstanding debts or taxes owed.

As your grandmother's granddaughter, you may not automatically be entitled to any proceeds from the sale of the property by the state. However, if you believe that you have a valid claim to any proceeds from the sale of the property, you should consult with an attorney who is familiar with California law to determine if you have any legal rights to the property or the proceeds from its sale.

It is also possible that your grandmother had a will or other estate planning documents that outlined how her assets, including her house, should be distributed after her death. If she did have a will or other documents, you may want to consult with an attorney who specializes in estate planning to determine if you are entitled to any assets or funds from your grandmother's estate.

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

A: The state of California does not have rights to simply take someone's home for no reason. I would start by reviewing the public records on file at the County Recorder of the county in which your grandmother lived. That would give you the first clue into why the state did what it did. But that would just be a start to the investigation. That having been said, unless your parent (the one who is the child of your grandmother) is deceased, you likely do not have any claim to your grandparent's assets unless your grandparent left a trust or will saying to whom the grandparent wanted all assets to go. You should use this example as a lesson to get all of your loved ones to set up an estate plan so this kind of situation is not created by anyone else in your family. Best wishes on getting it all sorted out!

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.