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

Related Topics:
2 Lawyer Answers
Howard E. Kane
PREMIUM
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.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.

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.