In California, the determination of property ownership is typically governed by who is on title to the asset. This often can get muddled following a person’s death. If a Trust or Estate has a claim to ownership of real property following the passing, that claim can be pursued post death in Probate Court.

How Do I Dispute Property Ownership Post-Death?

There are several different types of property disputes that commonly arise in probate litigation. Determining who the rightful owner of a piece of real property is not always as straight forward as the real estate professionals might have you believe. 

Disputes over who owns the house are common and complicated. These can occur through simple mistakes when drafting your own deeds, or through more nefarious acts of undue influence or elder abuse. 

The best place to start in determining who owns a piece of property is to look at the deed recorded in the county. The deed will often provide valuable information for where to start in determining who should be receiving the property following someone’s passing. 

The form of the ownership listed on the title to the property usually will control the eventual ownership following the person’s passing. The two main elements to consider are whether the property was held as Joint Tenants or as Tenants in Common. 

JOINT TENANTS:

Joint tenancy carries the benefit of the surviving individual who is listed on the deed to assume the full ownership of the property. 

TENANTS IN COMMON:

Tenants in Common deeds do not have the same survivor benefit that a joint tenancy deed carries. In a Tenants in Common situation, the half of the property owned by the deceased individual passes through the decedent’s estate. The deceased owner’s half will either be distributed through a probate administration or in a trust administration. 

This is where problems often occur when evaluating the proper ownership after an individual’s passing. If joint tenancy was procured through coercion or pressure, this can result in quiet title actions where a probate court scrutinizes the deeds and facts surrounding the execution of the deed. 

The attorneys at Antonyan Miranda can assist in reviewing the deeds to the property and evaluating the possible claims to determine who the rightful owner of a property should be and where the property should go after a persons passing. If there are questionable issues surrounding the creation or execution of the deed to the property, the skilled attorneys at Antonyan Miranda would be able to evaluate necessary claims or bring a lawsuit to confirm the proper owner of the property. 

How Can an Attorney Help Me with a Property Dispute in California?

Antonyan Miranda’s trust and estate litigation attorneys will provide you with the necessary legal expertise, representation, and support to effectively navigate the dispute and protect your rights. Our attorneys can provide valuable assistance when you’re facing a property dispute in a will or trust in California, including:

LEGAL ANALYSIS:

Our attorneys will carefully analyze the will or trust document in question to assess its validity and interpret its provisions. We will review the relevant legal statutes and case law to determine the legal rights and obligations of the parties involved.

DISPUTE RESOLUTION STRATEGY:

Based on their expertise and experience, our attorneys will develop a customized strategy to help you achieve your goals in the property dispute. We will advise you on the available options, such as negotiation, mediation, or litigation, and recommend the most appropriate course of action.

NEGOTIATION AND MEDIATION:

If possible, our attorneys will strive to resolve the dispute amicably through negotiation or mediation. We will represent your interests, engage in discussions with the other party or their legal representative, and work towards a mutually agreeable resolution.

PREPARATION FOR LITIGATION:

If a settlement cannot be reached through negotiation or mediation, our attorneys will prepare your case for litigation. We will gather evidence, interview witnesses, and consult with relevant experts to build a strong legal argument in your favor.

COURT REPRESENTATION:

In the event that litigation becomes necessary, our attorneys will represent you in court. We will file the appropriate legal documents, prepare for hearings and trials, present your case to the judge, and advocate for your rights and interests throughout the legal proceedings.

LEGAL RESEARCH AND ANALYSIS:

Our attorneys will conduct in-depth legal research to support your position in the property dispute. We will analyze relevant laws, regulations, and prior court decisions to strengthen your legal arguments and counter any opposing claims.

PROTECTION OF YOUR RIGHTS:

Our attorneys will ensure that your rights are protected throughout the entire legal process. We will fight for your fair share of the property, challenge any undue influence or fraud allegations, and work towards a resolution that aligns with your best interests.

EXPERT GUIDANCE AND ADVICE:

Our attorneys’ expertise in trust and estate law will provide you with valuable guidance and advice. They will explain complex legal concepts, help you understand your options, and provide you with realistic expectations about the outcome of the dispute.

It’s important to remember that each property dispute is unique, and the specific steps to resolve it may vary. Consulting with our experienced trust and estate litigation attorneys is essential to ensure that your rights are protected and that you receive the appropriate guidance tailored to your specific circumstances. At Antonyan Miranda, we aggressively advocate for your interests to help secure all that is important to you. Call us at 619-255-7744 to speak with one of our Concierge attorneys or visit us at www.expertprobatelaw.com for more information.