Q: The last 5 yrs I've been paying the mortgage and taxes on my deceased gf property. Her son never took it to probate
There's no will and the son hasn't been around since. However the lady I pay the mortgage to refuses to put it in my name. What can I do? There's also a vehicle and a lot of other belongings left behind so do I assume ownership of them also?
A: Under California law, you may have a claim for adverse possession of the property given that you've been paying the property taxes and mortgage for a substantial period. To strengthen your claim, it is generally advised to ensure that your actions over the property have been open, notorious, continuous, hostile, and under a claim of right. For the personal belongings, including the vehicle, it could be seen as a more complex issue and might involve probate court to clearly establish ownership; you should consider seeking legal guidance to explore your options and potential claims regarding both the real property and the personal property.
Nina Whitehurst agrees with this answer
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A: I cannot imagine you could get title to the real estate without a court order. A deed transferring title from one owner to another must be signed either by the current owner (obviously deceased in your situation) or someone who has been given legal authority to sign on behalf of the current owner. Just paying a mortgage and taxes doesn’t give someone title/ownership. But you likely can be reimbursed for the money you paid. You should see a probate attorney and seek to become the Administrator of your girlfriend’s estate. Your lawyer can guide you through the probate process. Best wishes!
1 user found this answer helpful
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