Father passed away and left no will, there is property that has sat for 4 years.?

Question

I haven't even attempted to do anythng as far as the property goes. It has been sitting for over 3 years without anyone on it (as far as I know) I haven't a clue where to even begin to try to resolve this issue. I am lost. I am the sole heir, the only child and my father was not married. The property has 3 fire engines, his tool truck, a mercedes, 5th wheel travel trailor, a hitch trailor (campng), a Mobile home, tool $20,000.00 brand new lathe, a camaro and about 5 or 6 San Diego Zoo Tour buses. Not to mention family heirlooms packed up and stored. I am scared, I think maybe everything is gone, I have no idea where to even begin to get help.
Does anyone know the law or what could or should have been done? Could I be in trouble? Will I owe back taxes?

I live in Tahoe (CA side) the property is about 10 miles SE of Fresno, California. That's the main reason I haven't been there, long drive with kids. I went there right after he passed away- but I was pregnant, I have kids, working, it all has pretty much been a 'time' issue. The property has a cyclone fence around it with a lock, last time I was there at least. I was wondering also, do I need to contact an Attorney up here in Tahoe or down in the Fresno area???

Answer 1

You need to contact a lawyer and get this resolved before the property is auctioned at tax sale!

Answer 2

MAKE SURE THAT THE REAL ESTATE TAXES ARE PAID! (At the very least, telephone the real estate tax office: Robert C. Werner, Assessor-Recorder, [phone])

Then check with the probate court where your father was domiciled just to see if anybody else opened a probate proceeding. If the land and stuff on it weren't worth much then you could file for a small estate administration -- but from what you say it's well over the limit. Unfortunately California probate is a big deal, and in the end if the land is worth more than a pittance you will probably need a lawyer. I always suggest that people choose a lawyer by going to the court and interviewing clients and lawyers. Don't pick one from the yellow pages, and above all don't pick one online or at random.

If only the land were in New York State: there it passes outside of probate. You'd only need probate for the vehicles and other stuff.

I cannot see how you are at risk of anything, except that the county could have auctioned off the property for failure to pay real estate tax over all these years. But there might be a right of redemption even if that happened; and it might not have happened yet. If the property is in fact valuable then there would be interest and penalties on the estate tax due. But the federal estate tax exempton in 2002 was $1 million, and it's the value at date of death that counts. Until you are named administratrix you are liable for nothing, although the estate itself might be.

Answer 3

The estate owes taxes until ownership is transferred. When someone dies without a will, the estate goes to the Probate Court to be decided. Usually, the court will give ownership to a surviving spouse. If there is no spouse, it will be divided equally among remaining children, and if there are no children, then between the deceased's brothers and sisters.

Since you are the sole heir, you will have to pay any back taxes due when the estate is transferred to you.

You should contact a probate lawyer to get probate started. Usually, probate costs from $500 to $3000 depending on the size of the estate and the state in which the deceased lived.

If there is real property in more than one state, probate will be required in each state to transfer that real property to you.

Answer 4

You should talk to an attorney. An attorney will do a lot to ease your mind. An initial consulation may be free or only a nominal cost. If you are short on cash, the attorney will probably be paid from the proceeds of the Estate.

I'm not an attorney, but if you are the only heir, then it seems to me that any waste (loss of value) would only be to your inheritance. I sounds like the Estate may owe some taxes, but again, you should check with an attorney.

FYI - not that this is common, but many people have a hard time coming to terms with the loss of a loved one (or even someone they didn't 'love' very much). You are not the only person to have waited to settle an Estate. Not to worry, talk to an attorney and put your mind at ease.

GOOD LUCK.

Answer 5

First, hire a lawyer. This is going to be very messy, especially since I don't know what state you live in but here are some things you can do to make it easier:

1. Claim the property: take your father's death certificate and copy of your birth certificate and get all the property deeded in your name. You will have to go the the DMV to get the vehicles deeded in your name and probably City Hall to get any land changed over in your name.

2. Examine the property: go the property, you don't want any squatters and you need to see if anything has been taken.

3. Tax issues: You can request a copy of any outstanding taxes from the appropriate office at City Hall.

Good Luck!

Answer 6

Your father died intestate (person who dies without making a will) (Law)Intestacy is the condition of the estate of a person who dies owning property greater than the sum of his or her enforceable debts and funeral expenses without having made a valid will or other binding declaration; alternatively where such a will or declaration has been made, but only applies to part of the estate, the remaining estate forms the "Intestate Estate". Intestacy law, also referred to as the law of descent and distribution or intestate succession statutes, refers to the body of common law that determines who is entitled to the property from the estate under the rules of inheritance. The concept of intestacy has a limited application in those jurisdictions that follow civil law or Roman law because the concept of a will is itself less important; the doctrine of legitime automatically gives a deceased person's relatives title to all or a large part of the estate's property by operation of law, beyond the power of the deceased person to alter by legacy. This share can often only be decreased on account of some very specific misconduct by the heir. When referring to the devolution of estates generally in an international context, the "laws of succession" is the commonplace term covering testate and intestate estates in common law jurisdictions together with forced heirship rules typically applying in civil law and Sharia law jurisdictions. In your case California is the state of jurisdiction. Probate Court is a court found in some jurisdictions which is primarily concerned with the proper distribution of the assets of a decedent. Probate Court exists to determine the validity of wills, enforce the provisions of valid wills, to prevent malfeasance by executors and administrators of estates, and to provide for an equitable distribution of the assets of persons who die intestate (without a valid will).T he following is a FREE service that may provide additional assistance @no costLEARN MORE...

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Answer 7

You need a Fresno probate attorney.... I would recommend David SIlva (I worked with him years ago.)

Bar Number 149506
Address PO Box 11157
Fresno, CA 93771

Phone Number [phone]
Fax Number [phone]

Answer 8

When some one passes away you need to take the estate to Probate court. What you need to do is hire a probate attorney and get this estate taken care of as soon as possible.

Answer 9

Several good answers above, especially the more complete ones. One thing I would add is to make sure you do this quickly. There may be a statute of limitations which may determine which procedure must be brought and how much ease or difficulty you will ultimately have.

Answer 10

Contact a probate attorney and check into it. IF it is sitting in probate then you could also check with the probate court in that county.