What happens when property was divided 18 years ago but no one took their stuff?

UPDATED: Feb 17, 2012

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What happens when property was divided 18 years ago but no one took their stuff?

My grandma died 18 years ago without a Will and although she told everyone she was leaving the house to my dad, it was divided between the 3 siblings. The 2others left and my dad has lived in the home with all of the belongings and paid all expenses on the home, including yearly taxes. Can I claim abandonment of property on their part? Are they still entitled to the belongings within the home? I don’t know what was taken so I don’t know if they already took part of their third.

Asked on February 17, 2012 under Estate Planning, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Was there a court proceeding where your grandmother's estate was administered (court order's distribution of assets per statute where there is no Will or a trust)? If so, then the court order for the administration of your grandmother's estate as to the house would control. I suggest that you look to see if there was an administration proceeding concerning your grandmother's estate and the house you are writing about.

If there was no administration of your grandmother's estate, I suggest that your father meet with a Wills and trust attorney about the need to do so in that from what you have written, such a proceeding should have happened 18 years or so ago.

You cannot claim abandonment of property or be entitled to any of the belongings from what you have written.


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