Legal Question in Real Estate Law in California

I acquired a foreclosed property of a deceased owner. The house is vacant but there is personal property in the house and I do not know how to dispose of it. There is a relative of the deceased owner that wants some of the personal property. What are my obligations with regard to the personal property and how can I make sure that if I give the property to this relative I am not liable if another relative claims the property. Apparently there is no will, no wife or children.

Thank you.


Asked on 11/23/13, 8:29 am

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I'd suggest contacting the clerk of the probate court in the county where the deceased owner last resided and/or passed away to determine if there is a probate proceeding, and if so, who is the executor or administrator of the estate. If you locate one, get his/her written OK to dispose of the stuff. If there is no active probate or this otherwise turns into a blind alley, turn over the property but have the relative sign a simple statement saying that he/she believes he/she is entitled to the stuff and assumes all responsibility if it turns out otherwise.

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Answered on 11/23/13, 8:52 am
Terry A. Nelson Nelson & Lawless

I disagree that you have to get permission from anyone. It came with the property title in foreclosure. It's yours, do as you like.

However, ethically, if you know of family or heirs with an interest in it, let them have it. And, you could check as Mr. Whipple suggests. But in the end, have whoever takes it date and sign a receipt saying they asserted a claim and you turned it over to them. Include an inventory and all their contact ID.

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Answered on 11/24/13, 4:36 pm


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