How to get title to deceased brother's property after paying the taxes for 5 yrs.

Question Details:

Brother, CA resident, dies without Will.  He owned property which I have paid taxes on for 5 yrs. The OR assesor bills come in my name, with my brother showing as owner.  How can the property be transfered into my name?  Brother was unmarried no children I know of.

Asked 10/1/2009 under Wills, Trusts, Probate | 167 View(s) | More Legal Topics

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Wills, Trusts, Probate Law Answers

Robert Spitz / Law Offices of Robert J. Spitz Answered 2 years ago | Contributor

There are two possibilities.

If you are the next of kin or closest relative to him, you can open a probate and ask the court to award you title to the property on the basis of the laws of intestate succession.

If not, then you may be able to file a lawsuit for Adverse Possession and take the property under those requirements.

Either way, you should consult with an attorney to assist you in this process and to choose the best course of action.

please contact my office if you would like further assistance.

Robert J. Spitz

909 395 0909

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