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Who is the actual owner of the house?

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energystar

Junior Member
What is the name of your state (only U.S. law)? CA


Background:
The owner of the house in question is my father, who was a citizen of another country. He passed away in 2016. He has never lived in this house long-term, only short visits no longer than 3 months. In addition, at the time of death, he had not been to the US for about 11 years. We have no rental agreement, only implied, that my father wanted to help me and my son out by providing us a house since he knew we needed financial help. I have lived at this house for 20 years, since 1996, paid property taxes the entire time, utilities, and even paid a couple mortgage payments before my father felt the need to help pay the mortgage off because of his good will and kind heart, in the first few years my son and I started living here. However, only his name is listed as the owner of the house. I have 2 brothers and 1 sister who all live in other countries as their permanent places of residence. Many years before my father's death, my siblings have displayed negative attitudes and resentment towards my son and I living in this house rent-free.

Problems affecting us now:
Now that my father is passed, my siblings see that our protective barrier, i.e., my father, is gone and now they act hostile to me by email as they see their chance to get some money. In addition, according to my siblings, they claim that my father has no will. Recently, they want to sell the house by probating the property, causing us to lose the house we live in, in the process. Since the owner is not a US citizen, the around $5 million exemption for citizens does not apply. Now, the question is does my act of paying property taxes all this time, living here continuously, and even paying some mortgage give us some preference to the house or something similar? Is it possible that probate may not even be needed since I have been the actual person to pay property taxes all this time and still living?
 


Taxing Matters

Overtaxed Member
What is the name of your state (only U.S. law)? CA

Now, the question is does my act of paying property taxes all this time, living here continuously, and even paying some mortgage give us some preference to the house or something similar? Is it possible that probate may not even be needed since I have been the actual person to pay property taxes all this time and still living?
Sorry, but the fact that you have been living there for 20 years and paying the taxes, etc., does not give you any claim to the house. If your father did not have a will then the house gets distributed based on California intestate succession law. Probate will be needed for that.
 

LdiJ

Senior Member
Sorry, but the fact that you have been living there for 20 years and paying the taxes, etc., does not give you any claim to the house. If your father did not have a will then the house gets distributed based on California intestate succession law. Probate will be needed for that.
I agree, but they do still get the stepped up basis to FMV, so that should reduce or eliminate any capital gains tax for the OP.
 

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