Stockton, CA asked in Probate for California

Q: My mother's father and grandfather left a vast amount of land and oil. My family stole it.

My mother did not know her father he passed away before she was born. My grandmother moved to Stockton shortly after. Only the land she lived on was bought by my mother's grandfather there is a land patent. That particular piece of land is a irrigation district south San Joaquin irrigation. District.

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Under California law, issues regarding inheritance of land and oil rights can be complex, particularly when it involves multiple generations and a lack of clear documentation or wills. In your case, where the property in question was owned by your mother's father and grandfather, several legal principles could apply.

Firstly, if your mother's father passed away before her birth and did not leave a will, his estate, including land and oil rights, would typically be distributed according to California's laws of intestate succession. This means that his closest relatives, which could include your mother, might be entitled to a portion of his estate.

However, the fact that your grandmother moved away and only the land she lived on was purchased by your mother's grandfather could complicate matters. This could imply that other parts of the land were owned differently or transferred under different conditions.

It's important to investigate the land patent and the specific conditions under which the land was purchased and held. Land patents, especially those involving irrigation districts like the South San Joaquin Irrigation District, can have unique legal stipulations that affect ownership and inheritance.

Given the complexity of your situation, involving a potentially stolen inheritance and the intricacies of land and oil rights, it would be prudent to consult with an attorney who has experience in estate and property law in California. They can help unravel the legal history of the property, assess the validity of the land patent, and advise on potential legal actions to recover your family's rights.

Also, consider the necessity of proving the claim of theft or unlawful transfer of property, which might require substantial evidence and legal proceedings. The attorney can guide you through this process, ensuring that all legal avenues are explored to address your concerns effectively.

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