How to resolve property tax issues and secure home ownership without funds?

Question

My parents passed away 5 years ago and owned a home in Riverside County, CA. My sister moved into the home, and I assumed they left it to her. Recently, my brother presented me with a signed and notarized document stating the home was left to me. After this, my sister moved out, and I moved in. However, I discovered she hadn't paid property taxes for almost 5 years, and the home is still in my parents' name. There is no will, and I have not started the probate process. My siblings are not interested in the property, and I've received notices from the county about unpaid taxes. I do not have the funds to pay the back taxes. What steps can I take to resolve this issue and secure ownership of the home?

Nina Whitehurst · Answer

There is no easy answer to your predicament. The classic solution is to obtain a new loan to pay the taxes, but you will not be able to do that without title to the property. To obtain title you will need the help of a probate attorney. You might try calling your local legal aid society to see if you qualify for free legal assistance.

Howard E. Kane · Answer

You need to file a petition for probate with the Riverside County Superior Court. Once you are appointed as administrator of your father's estate, you should be able to borrow money on behalf of the estate to pay the back taxes.  You can also borrow as a beneficiary. Back taxes must be paid before you can finalize the probate process and have the property transferred to you via the court's Order for Final Distribution.

James L. Arrasmith · Answer

First, you’ll need to open a probate case in Riverside County since your parents passed without a will. Probate is necessary to legally transfer ownership of the home from your parents to you. If your siblings agree you should inherit the property, they can sign a waiver or disclaimer to simplify the process. 
 
Next, once the court appoints you as the personal representative, you can request to have the title transferred into your name. This will help when dealing with the county and any other legal matters. Until you’re the legal owner, you won’t have the full authority to resolve the tax issue or apply for any assistance programs. 
 
For the unpaid property taxes, contact the Riverside County Treasurer-Tax Collector’s office and explain your situation. Ask if they offer a payment plan or hardship relief program. Some counties allow property tax installment plans, especially for heirs going through probate. It’s important not to ignore the notices—they could eventually lead to a tax sale if unpaid too long.

Q: How to resolve property tax issues and secure home ownership without funds?