Leander, TX · Member since 2015 · 23 posts · 6 votes
Hi BP Family,
I'm asking for a friend in CA. He is 1 of 3 owners on a land deed. He received 75% ownership in 2013, while the other 2 have 12.5% each. Unfortunately, it sounds like 1 of the owners passed away back in 2003. The other person is 86 and still resides in CA. 1) When my friend received the deed, how did a deceased person remain on the deed? 2) What happens to the deceased's ownership? 3) Is there a way for my friend receive full 100% ownership of the land? He has been paying the property tax since 2013 and is current.
Thank you in advance for any input/advice on how to deal with this!
I definitely recommend calling the Assessor's office in the county of the property - to get the precise answers. But from what I know:
1. It's likely the death was never reported to the county back in 2003. So technically no one is aware that one of the owners is deceased and therefore their name still appeared on the deed in 2013.
2. The new ownership depends on how the title is vested (i.e., tenants-in-common, joint tenancy, etc). If JT, the other remaining joint tenants inherit the deceased tenant's interest in the property. If TIC, the shares go to whomever are his/her beneficiaries.
3. The only way to receive full 100% ownership is for the remaining owner and possibly the deceased owner's beneficiaries to deed their shares to your friend.
Ultimately paying all the taxes doesn't constitute full ownership. The first thing that needs to happen is reporting the death by filing the appropriate paperwork to the county. Know that there's a possibility for the property to be reassessed; if so, you and the remaining owner(s) will have to pay back property taxes for the years going back, but no more than 7 years.
I definitely recommend calling the Assessor's office in the county of the property - to get the precise answers. But from what I know:
1. It's likely the death was never reported to the county back in 2003. So technically no one is aware that one of the owners is deceased and therefore their name still appeared on the deed in 2013.
2. The new ownership depends on how the title is vested (i.e., tenants-in-common, joint tenancy, etc). If JT, the other remaining joint tenants inherit the deceased tenant's interest in the property. If TIC, the shares go to whomever are his/her beneficiaries.
3. The only way to receive full 100% ownership is for the remaining owner and possibly the deceased owner's beneficiaries to deed their shares to your friend.
Ultimately paying all the taxes doesn't constitute full ownership. The first thing that needs to happen is reporting the death by filing the appropriate paperwork to the county. Know that there's a possibility for the property to be reassessed; if so, you and the remaining owner(s) will have to pay back property taxes for the years going back, but no more than 7 years.
Your friend is going to have to research if Notice of Petition to Administer Estate has been filed. If not your friend or your friend's next of kin, will have to petition the court, depending on which of the 58 counties in CA, to represent the decedent's estate as PR..