My mother died in January of 2008. She left two of us as the executors of her will. We have distributed the cash as she stipulated and I notified those of my siblings which she left personal belongs to. However, none have picked up the items left them; they are insisting to have a reading of the will with all siblings present. My mother also left her home which is completedly paid for to all 9 of her children, but with no stipulation as to who would be in charge of it. However, she did want my sister that never married to live there as she always has. Has my responsiblity as executor been fullfilled or will I be responsible for the house also? Will my sister that lives in the house be able to claim ownership of the house if she pays the property taxes for 7 consecutive years?
Aaron Roy FeldmanEstate Planning AttorneyWalnut Creek, CA ·
Without reading the specific language in the will it is hard to give a precise answer. Some of the conditions you describe or unclear. However, it sounds like your mother created a life estate for the sister living in the house. Upon your sister's death, the house could be sold and the proceeds distributed between the siblings or their heirs. Your sister is not in adverse possession because she has a Life Estate and so paying taxes will not allow her to claim ownership. Again, only by reading the actual language will anyone be able to say for sure exactly what rights all of the siblings have.
Probate Code 8200 requires the person having custody of an original will to lodge it with the clerk of the court within thirty days of the decedent's death. If the will names no executor, any interested person - including you - can petition for its probate.
Regardless of whether the will is valid, an order of the probate court will be needed to supply a link in the chain of title from your mom to the persons entitled to her estate. That is a basic function of a probate proceeding.
You can accordingly file a petition to administer your mom's estate. You should also file with the County Assessor a Preliminary Change of Ownership Report, and perhaps an Application for Exclusion from Reassessment. These documents can preserve your mom's property tax base in her home; without them you could end up with a much higher property tax bill.
You should also verify that appropriate fire, casualty and premises liability insurance is in place.
Executors' duties begin when they accept appointment and the court issues Letters Testamentary. These duties end only after the court enters an order of final discharge.
It is possible that your sister can acquire an original title to a house in California by occupying it to the exclusion of all of your mom's other heirs for five years, and by paying taxes on it for that period.
The delay of 19 months since your mom's death in January, 2008 can cut off many claims against your mom's estate, including those based on a promise made outside of a will or trust to let your sister live in the property for life.
It sounds like you need to open probate. If you haven't gone through the probate process, then it's very possible that someone else will do it. I recommend that you contact a probate attorney right away.
Until you actually open probate and are appointed to the office of executor, you don't have any more power over estate assets than your siblings.
I seriouly doubt that your sister can make any meaningful claim of ownership of the house because she paid property taxes, especially if she has lived there rent free.
Call me for more information.
