My mother died 5 years ago intestate and my stepfather of 46 years moved to another State leaving me on his rental property. He recently died suddenly intestate and my siblings believe they are entitled to 1/4 of the Estate based on my mother's part of the community property and my stepfather's "1/2." I am in California. My Father has several surviving biological relatives out of State who will state legally they have no interest in this property. He had no biological children. Also, it is on record that adoption proceedings began for myself and one sibling decades ago but we're not sure if they were finalized. He did not raise the two eldest. I have begun paying all property expenses as I am still living here. There is another rental on the property and supposedly my sister is collecting the rent. Is this legal? And again, are my 3 siblings entitled to a 1/4 of the Estate based on the strength of our biological mother who died 4 years before my stepfather died intestate. And who is allowed to collect rent if anyone? I will be able to sustain payments for a little while but I need to start collecting from the rear property to avoid losing it altogether. It's upside down and the bank is accepting my payments. Also, out all of us my father made me his beneficiary on his pension and a bank account.

There is no such thing as "more" rights, there are either rights or no rights.

Were any of the estates probated, whose name is currently still on the deed?

But it needs to go to court where any and all parties can present their cases.
You will even need to look up the adoption paper work to prove adoption if it did happen,
But note** if it did happen, you would have had a new birth certificate issued.

If there was no legal work down at moms death or step dads death, all the legal details for both estates will have to be worked though.

I was notified there's an answer but I can't see it. Thank you

I finally saw the answer. It's two houses on one parcel. Again, I have assumed all payments for the property and have lived here for decades. My father's name is in on the deed as surviving tenant. When and if the time comes I am prepared to skip Probate because it's not in anyone's best interest. In California we can agree not to put it in Probate. But, I need to know as things are now who is entitled to collect rents if anyone? The sad part about it is my siblings have ocean view property and in some case other high end real estate whereas I live in a blue collar tract home (older) neighborhood. And they have staked a 1/4 claim to where I live. In one case one said she was going to write me a rental agreement. That was the last straw. Everything is up to date or paid ahead and they have not contributed one penny as they live beyond their means and view where I live as a possible ATM. Thankfully my dad took all the equity out before he died. So basically I'm just paying "rent" to the mortgage company. So how do I legally collect rent from the other house?

Can a property where the mortgage is underwater be put into probate in the State of California? My stepfather died intestate and my siblings are attempting to take over the property with 1/4 interest. I would also have 1/4. But, I'm of the opinion that now is not the time because the houses are underwater. And the bank is taking the payments. There's two homes on one parcel. Thanks

You don't put property into Probate. You probate a Will or an Estate.

Yes, the property would be listed.

EDIT: I just noticed you have another thread on this same subject. I have asked that they be combined. https://www.askmehelpdesk.com/real-e...ve-631256.html

Usually if a mortgage holder dies the bank will require that either the loan be paid off by the estate (by selling the home or otherwise coming with cash assets from the estate to satisfy the loan) or by transferring the mortgage note to the heir(s). It's the responsibility of the executor to figure this out - part of the probate process is specifically to ensure that all creditors have their opportunity to be paid what they are owed by the estate. So the mortgage lender will expect that either (a) the loan is paid in full (which may require that the estate sell the property and also kick in some cash from other assets) or (b) re-issue the loan to the 4 of you in an amount that is not under water (which again may mean having to come with cash from other estate assets to make up the difference).

Thank you. I should have said the Estate which consist of two homes. The title recording list the (homes) as one parcel. My siblings much older that I have an "interest" in the property based on my "stepfather" who died before my biological mom (intestate) and now they want a piece. I live here and have assumed all payments. My problem is the rental property in the back is not paying rent, and I can only sustain this so long. Conventional wisdom says the bank won't call the loan as long as they're unaware of the problems and I keep paying the note. Again, Thank you. Your thoughts?

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Originally Posted by mediaraz

Conventional wisdom says the bank won't call the loan as long as they're unaware of the problems and I keep paying the note.

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This is frought with potential problems:

1. To not inform the bank of your father's death is probably in violation of the loan agreement.

2. If the bank continues to think that the loan is being paid by your father then you have no ability to deduct the mortgeage interest from your taxes, since the 1099-S that the bank issues to document interest payments will show his SS number, not yours. And yes, the IRS is smart enough to match the deduction you claim against 1099-S forms.

3. If the executor fails to transfer the deed to the heir(s) then you may not deduct real estate taxes, as it is not your property.

Trying to play along like nothing's happened won't work for long. You and your half-bros need to address the issue directly.

Thanks again. I have no intention of claiming anything on my taxes. One thing I need to do is establish that I'm an heir. Our father/daughter relationship along with one sibling (at 14 years old) began when I was six years old. The adoption wasn't finalized my Birth Certificate is the same as when I was born. I lived here for the past twenty years and helped them until my mom passed and my dad relocated to Texas upon her death. Also, it is on record that I paid rent. Since, my dad relocated, I have been the de facto property manager and now my nephew in the back house refuses to pay any rent. I have consulted a lawyer and I found out today they have as well. Although, mine isn't formal, not sure about theirs. I just feel that I have a right to be here and assert myself as his possible executor if anything given he actually left me money under the auspices of being his daughter, and the others nothing. He was retired military and as is customary my one sibling and I that he raised have been contacted. I don't believe we will receive anything as we are well over 22 years old, unless it's some type of insurance policy, which I highly doubt. The major problem is they wanted to assert rights over me even suggesting they make out a rental agreement with me. For right now I am paying everything, mortgage, taxes & insurance. Your thoughts?

The property is still in your step father's name, correct? He inherited from your mother as survivor correct? Then legally you may not have any interest in the property.

I strongly suggest hiring an attorney to unravel this.

Scott, Thank you. I have an Attorney on consult. Thankfully, he's not charging me yet until legal notices begin to come. Basically what my siblings are dong is trying to extort money from me. They live lasciviously with ocean front views and are cash poor. So they see this property (50's circa tract home) as a possible windfall. I know that if I were to depend on them to maintain the payments until there's an resolution the property would go into foreclosure. As they have multiple bankruptcies and foreclosures. Basically, I'm just trying to keep a roof over my head in the time being, until I can negotiate with the bank. Your thoughts?

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Originally Posted by ScottGem

The property is still in your step father's name, correct? He inherited from your mother as survivor correct? Then legally you may not have any interest in the property.
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I agree.

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Originally Posted by mediaraz

... And again, are my 3 siblings entitled to a 1/4 of the Estate based on the strength of our biological mother who died 4 years before my stepfather died intestate. ...

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Definitely not. She didn't survive him, so her estate would not inherit anything from your step-father.

How did you come to be the de-facto landlord?

If you continue to accept the rent, it may be that your step-father's heirs may eventually ask you to remit the rental receipts.

Scott, Thanks again. That's what's so laughable about all of this. I live in one of the houses. I acted as my Father's property manager in that I have kept up the property before and after he departed Calif going home to his family upon my Mother's death. I lived next door in their property paying full market rent for decades. They were married 43 years. I am going to assert my rights as an heir with an established father / daughter relationship for over 46 years. He was my Father and my bio held up the adoption. There are records to substantiate that I was his dependent throughout his military career. Also, of all of us I was left his retirement and beneficiary on an bank account. The biological side of his family will attest they have no interest in the property. It's just my siblings who thought they could use the property as an ATM and truthfully, I'm thankful my Father took all the equity out. I am working with my bank, have set up a trust, and have made all payments and everything is up to date. Your thoughts on how to get my siblings to cool down and not rock the boat just yet. My bank has made it clear to me that they are not writing home loans & that most likely no bank will for this property at this time so to just keep making the payments.

OK, I misunderstood. Your siblings have no interest in the property. Maybe you can establish a relationship to your step father. If his bio children will sign off their interest and you can prove that he treated you as a dependent you may get title to the property.

Its good that you have an attorney. You'll need it.

Scott he has no biological children. He has one surviving biological brother, nieces, nephews, cousins, etc. that never have resided in California. Myself and one sister were raised by him. If we were to get the property in our names I just want to assert my residential rights and right not be harassed by them in their constant unquenchable thirst for nickels and dimes. And to add insult to injury my sibling who very well may have rights has parked her mentally unstable son behind me in the other house (God forbid she rent her one of her income properties) and he's not paying one cent to be there. I asked him for the cost relating to insurance etc and he referred me to an attorney. They have balls. They never came around and my parents were extremely ill. I took care of them. My Father died suddenly but we know his intentions were for a four way split, but since they've shown how greedy and vicious they can be I just want the opportunity to buy them out on the back end when and if the time comes. Thanks for answering. Appreciate it. Best Wishes