Legal Question in Real Estate Law in California

Re: Dying without a will

Who is living in the home? Under what kind of arrangement? Who is paying the property taxes? Offhand, it sounds as though you are the owner through inheritance, but you may be in immediate danger of losing the property through adverse possession. This is an unusual situation, and an attorney would need answers to the foregoing questions and perhaps more information to advise you properly, but without doubt you need to share the full particulars with a real estate attorney at once to avoid jeopardizing your inheritance.

Re: Dying without a will

The Heir needs to open a probate proceeding to get the real estate transfered to him or her. You are local, so if you need assistance, feel free to contact us.

Re: Dying without a will

Generally, the property will remain in the names of the decedents until either 1) it is sold by the tax collector at a tax auction, or 2) it is transferred to the proper heirs via a probate proceeding. The lack of a will does not matter because the probate court will simply apply the laws of "intestacy", which means that the property will be distributed according to the rules of California law. It sounds like the child will be the sole heir (i.e. receive the property) but nothing can happen until the matter is processed through the probate court. Your friend should contact an attorney as soon as possible.

Re: Dying without a will

You need to take immediate action with a probate and possibly a real estate attorney.