Gaining access to property I inherited

[Tankertoad]

My parents were joint tenants on a house in Los Angeles for over 30 years. The marriage worsened and one day my mother changed the locks and kicked out my father. He, not being an aggressive personality, never challenged that and spent the rest of his life separated from her and living elsewhere (I am estranged from my mother as well). Meanwhile, the two of them each created trusts and put their respective 50% ownership of the property into those trusts. I don't remember what type my mother created but my father had an IDIT with I as the executor and sole beneficiary. The deed was changed to reflect this. My father passed away last summer. He had been paying both property tax payments and she the mortgage and insurance. Initially, I told her by personal letter that I would assume my father's tax duties. Then, not long ago, I had my father's estate attorney send her a letter saying I would not force a sale of the home but she would need to continue with the mortgage/insurance and start paying 1/2 of the taxes (I would now pay 1/2 of the taxes). Additionally, he requested an acceptable time/date so that I could survey the property's condition, pick up any remaining personal belongings of my father, and appraise the significant art collection that they acquired together so that it may be divided equally (my father left me all of his possessions in his will). My mother sent back a scathing reply saying she would not pay 1/2 of the taxes and I would not be allowed into the home (but she could leave his belongings outside for pick up). Do I have any recourse? A judge's order? Involve the sheriff? I don't want to sell at this time if I don't have to. Thank you.

 

[adjusterjack]

Look up the current deed at the county recorder to see how the ownership reads. Get a copy.

You're flying blind without it.

You'll also need a copy of your father's trust documents.

When you have them come back and discuss.

 

[NC Aggie]

I think you definitely need to consult with an attorney. I'm not convinced that your father can unilaterally convey "his stake" in property that he and your mother purchased together. As adjusterjack indicated, you need to verify who's name(s) is recorded on the deed and who's listed on the mortgage.

 

[Zigner]

I agree with both of the above responses, but will take it a step further. It's extremely likely that mom is the sole owner of the property now.

 

[NIV]

I suspect that the (possible) right of survivorship was terminated by any of a number of paths here. The transfer to the trusts, the divorce action itself, or, perhaps, some written revocation. I bet that, no matter what the deed reads, the parents should be considered tenants in common.

 

[Zigner]

I suspect that the (possible) right of survivorship was terminated by any of a number of paths here. The transfer to the trusts, the divorce action itself, or, perhaps, some written revocation. I bet that, no matter what the deed reads, the parents should be considered tenants in common.

What divorce action?

 

[NIV]

What divorce action?

The one I imagined when I read the facts. Thanks for the correction.

 

[not2cleverRed]

My parents were joint tenants on a house in Los Angeles for over 30 years. The marriage worsened and one day my mother changed the locks and kicked out my father. He, not being an aggressive personality, never challenged that and spent the rest of his life separated from her and living elsewhere (I am estranged from my mother as well). Meanwhile, the two of them each created trusts and put their respective 50% ownership of the property into those trusts. I don't remember what type my mother created but my father had an IDIT with I as the executor and sole beneficiary. The deed was changed to reflect this. My father passed away last summer. He had been paying both property tax payments and she the mortgage and insurance. Initially, I told her by personal letter that I would assume my father's tax duties. Then, not long ago, I had my father's estate attorney send her a letter saying I would not force a sale of the home but she would need to continue with the mortgage/insurance and start paying 1/2 of the taxes (I would now pay 1/2 of the taxes). Additionally, he requested an acceptable time/date so that I could survey the property's condition, pick up any remaining personal belongings of my father, and appraise the significant art collection that they acquired together so that it may be divided equally (my father left me all of his possessions in his will). My mother sent back a scathing reply saying she would not pay 1/2 of the taxes and I would not be allowed into the home (but she could leave his belongings outside for pick up). Do I have any recourse? A judge's order? Involve the sheriff? I don't want to sell at this time if I don't have to. Thank you.

You know, I'd be tempted to take her up on her offer... Pick up Dad's belongings, and since she claims you have no ownership of the home, stop paying taxes on it. She can't have it both ways. If she really believes that she is the sole owner, then she should not expect her (estranged) child take over for her husband in paying the property taxes.

Yeah, I know that'd go over like a lead balloon...

But seriously, either you have some sort of ownership and therefore responsibilities in addition to a reasonable expectation of access... Or you're not an owner at all, are owed no access, BUT have no financial responsibility either.

What does the estate lawyer say?

 

[justalayman]

My parents were joint tenants on a house in Los Angeles for over 30 years. The marriage worsened and one day my mother changed the locks and kicked out my father. He, not being an aggressive personality, never challenged that and spent the rest of his life separated from her and living elsewhere (I am estranged from my mother as well). Meanwhile, the two of them each created trusts and put their respective 50% ownership of the property into those trusts. I don't remember what type my mother created but my father had an IDIT with I as the executor and sole beneficiary. The deed was changed to reflect this. My father passed away last summer. He had been paying both property tax payments and she the mortgage and insurance. Initially, I told her by personal letter that I would assume my father's tax duties. Then, not long ago, I had my father's estate attorney send her a letter saying I would not force a sale of the home but she would need to continue with the mortgage/insurance and start paying 1/2 of the taxes (I would now pay 1/2 of the taxes). Additionally, he requested an acceptable time/date so that I could survey the property's condition, pick up any remaining personal belongings of my father, and appraise the significant art collection that they acquired together so that it may be divided equally (my father left me all of his possessions in his will). My mother sent back a scathing reply saying she would not pay 1/2 of the taxes and I would not be allowed into the home (but she could leave his belongings outside for pick up). Do I have any recourse? A judge's order? Involve the sheriff? I don't want to sell at this time if I don't have to. Thank you.

What makes you believe you have no obligation towards the mortgage or insurance? It's gracious of
You to offer to pay 1/2 the taxes since that is your actual obligation anyway (using your chain of
Title claims).


I can only suspect your father's estate has not been through probate. When it does you can avail yourself of
The courts power to issue orders to your mother to relinquish any assets your father has given to you.

 

[Just Blue]

My parents were joint tenants on a house in Los Angeles for over 30 years. The marriage worsened and one day my mother changed the locks and kicked out my father. He, not being an aggressive personality, never challenged that and spent the rest of his life separated from her and living elsewhere (I am estranged from my mother as well). Meanwhile, the two of them each created trusts and put their respective 50% ownership of the property into those trusts. I don't remember what type my mother created but my father had an IDIT with I as the executor and sole beneficiary. The deed was changed to reflect this. My father passed away last summer. He had been paying both property tax payments and she the mortgage and insurance. Initially, I told her by personal letter that I would assume my father's tax duties. Then, not long ago, I had my father's estate attorney send her a letter saying I would not force a sale of the home but she would need to continue with the mortgage/insurance and start paying 1/2 of the taxes (I would now pay 1/2 of the taxes). Additionally, he requested an acceptable time/date so that I could survey the property's condition, pick up any remaining personal belongings of my father, and appraise the significant art collection that they acquired together so that it may be divided equally (my father left me all of his possessions in his will). My mother sent back a scathing reply saying she would not pay 1/2 of the taxes and I would not be allowed into the home (but she could leave his belongings outside for pick up). Do I have any recourse? A judge's order? Involve the sheriff? I don't want to sell at this time if I don't have to. Thank you.

What U.S. State is this in?

 

[quincy]

What U.S. State is this in?

Los Angeles is mentioned as the location of the house so I suspect the state is California.

 

[Just Blue]

Los Angeles is mentioned as the location of the house so I suspect the state is California.

Color me embarrassed.

 

[quincy]

Color me embarrassed.

I was that same color earlier today.

 

[Zigner]

To be fair, there is a Los Angeles, TX. Although, I seriously doubt that TX is the state.

 

[FlyingRon]

To be fair, there is a Los Angeles, TX. Although, I seriously doubt that TX is the state.

Two actually.

The one in La Salle County has a population of 20.

There's one in Hidalgo County as well but has been subsumed into the encompassing city of Linn.