Riverside, CA asked in Probate for California

Q: My aunt filed a joint tenant affidavit with out any one knowing now she trying to sell the home what can I do

The house was given to my mother from my grandfather and after she passed away instead of her husband or children inheritance her siblings said it was now all of there's and they filed a joint tenant affidavit but they don't live at the house I do. They haven't paid any taxes on the house since my mother passed. There was no probate or will giving them ownership of the home

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2 Lawyer Answers
James L. Arrasmith
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Answered

A: I'm sorry you're dealing with this challenging situation. Start by gathering all relevant documents, including the deed to the property, any records of ownership transfers, and any correspondence related to the joint tenant affidavit. This information will be crucial in understanding the current ownership status.

Since there was no probate or will, the transfer of ownership might not have been handled correctly. You may need to file a formal dispute in probate court to challenge the affidavit your aunts submitted. It's also important to address the unpaid property taxes to prevent any liens or further legal issues on the home.

Reaching out to a probate attorney in Riverside can help you navigate the legal process and protect your rights. They can provide specific advice and represent your interests in court if necessary. Taking these steps will help you work towards resolving the ownership dispute and securing your place in the home.

Howard E. Kane
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Answered

A: If the house was properly deeded to your mother, then the house remains in her estate. If your mother did not have a Trust or pay on death Deed, then title to the property must be cleared up through the probate process in Riverside if Riverside is where your mom resided at the time she passed. I would call a good probate attorney to evaluate the situation, review the relevant documents, and give you affordable options to resolve this potential cloud on title.

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