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lynnster18

Junior Member
What is the name of your state (only U.S. law)? CA
My mother-in-law died intestate about 18 years ago her property taxes still come in her name my husband has 3 siblings and we live in the house with our family. we have been paying the property taxes since she died. the house is paid off. i'm wondering where we stand as far as ownership, what do we do to change the name on the property taxes and basically where we stand legally. any info would be very helpful.
i also believe there is a lien on the property for federal taxes owed by my husbands brother
 


curb1

Senior Member
In whose name is the property titled? I think you are going to tell me that MIL still owns the property. Huh? What has been the problem in changing the title for the last 18 years? Who has been making the house payments? Was it paid off at time of death? How many people inherited this property? You could have a real can of worms here.
 

Kiawah

Senior Member
How many people inherited this property? You could have a real can of worms here.

Especially when they figure out that rent should have been paid to the siblings for the prior 18 years.
 
Dying intestate means dying without a will...that means that there is no real designation for ownership. Since you are in California, there are intestate laws...which are an outline of who is to inherit the property when a will/trust was not created. The California intestate law designates that the first person to inherit the property would be your father-in-law (your mother-in-law's husband...)..you didn't mention anything about him...if he's alive and they were legally married at the time of death..then he is the owner (though of how much of the property depends on if it is community or separate propoerty). If he predeceased your M-in-L or she was single at the time of death, the house is divided equally amongst all of her children. That means that all these years, it doesn't matter that you've been paying the property taxes...if your siblings-in-law wanted to they could sue you for 18 years worth of rent minus the amount paid in property taxes every year because the estate would have had to pay those taxes annually if the house had been rented all these years.

The only "ownership" you have is 1/4. Your husband only inherited 1/4 of the property since there are 4 children. So if your siblings-in-law demanded compensation...(which I'm surprised they haven't since it's been 18 years...) you will owe them 18 years of rent minus the amount you've paid in property taxes all these years.

Also...it's hard to believe that you've been able to keep the property taxes in your M-in-L's name...you sure that you haven't been keeping up the pretense that she's alive?...
 
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tecate

Member
Since "we" have paid the property taxes for so long, look into the possibility that your husband, and perhaps you, have gained title by prescription. Civil Code Section 1007 might be your friend.
 

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