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

Q: Can u still claim adverse posession of house in ca if owner died she made herself trustee before she died in Ca

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, adverse possession laws require the occupant to openly possess and exclusively use the property for at least five years, among other requirements. If the owner of the house died and appointed herself as trustee before her death, the property is likely held in a trust. Adverse possession is generally not applicable to trust properties as ownership and transfer are governed by trust laws. To get accurate advice for your specific situation, consult with a real estate and trust law attorney in California.

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