QUESTION
How could I assume a property that has tax liens if the owner is dead and there are no other living relatives?
Asked on Jun 26th, 2015 on Estate Planning - California
More details to this question:
The house has been sitting since 2012. Neighbors have known deceased property owner for decades. There are no known relatives. The house is back in taxes and has it in collections. How do I get the deed transferred into my name to become owner?
10 ANSWERS
Civil Litigation Attorney serving Ventura, CA
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The Law Office of Robert I. Long
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In California there are several things that must be shown before property can be acquired by adverse possession. It takes several years (5, I think) during which any relative can assert a superior claim of right. It ends with a declaratory relief action in court. Unless you are well versed in real property law and civil procedure you are well-advised to employ an attorney early in the process, before expending significant funds or exposing yourself to charges of criminal trespass. It is a "disfavored" action, but it can be done.
Answered on Jun 30th, 2015 at 3:47 PM
Edwin K. Niles
There will eventually be a tax sale. You can bid on it.
Answered on Jun 29th, 2015 at 8:56 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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You buy it at tax sale.
Answered on Jun 29th, 2015 at 1:37 PM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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The house belongs to somebody. First, it would be necessary to hire a lost heir firm and search for relatives. Then you could work out a deal with the relatives and the county for title and paying off the taxes. If you can't find any relatives, then the house belongs to the state. You'd have to make a deal with the attorney general to buy the house.
Answered on Jun 29th, 2015 at 3:01 AM
Usually, if there are on-going, unpaid tax liens, the taxing entity will eventually put the property up at a tax sale. You can purchase it that way (process takes 3+ years). Or the taxing entity may be willing to sell it to you outright, if it can make a valid claim of ownership of the property.
Answered on Jun 29th, 2015 at 3:01 AM
The only way would be to buy it from the former owner's estate. It sounds as though you think you can just get it by paying the back taxes but that only occurs if you are the high bidder in a tax sale by the county. Who were you intending to get title from? if in fact there are absolutely no relatives, the property goes to the state.
Answered on Jun 29th, 2015 at 3:00 AM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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Purchase the taxes at the tax sale and follow the statutory procedure to become the owner. Otherwise you would have to track down distant relatives and get them to open a probate so you could purchase the property out of probate.
Answered on Jun 29th, 2015 at 3:00 AM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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Occupy it, pay the taxes and, after 7 years, file a suit to quiet title.
Answered on Jun 29th, 2015 at 2:59 AM
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Get an attorney and file for probate. You may not get it free and clear but if you really want it you can probably get a deal. Otherwise wait for the tax sale.
Answered on Jun 29th, 2015 at 2:59 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Obtain yourself a probate lawyer to probate the property to determine if there are any heirs, as the property will have to be sold to the highest bidder with the taxes being paid out of the sale proceeds with proceeds being divided between heirs if any, otherwise going to the state. You could earn a probate fee, and maybe bid on the property, if the court permits.
Answered on Jun 26th, 2015 at 7:51 PM