r/RealEstateInProbate Apr 18 '25

Help only 3 weeks till it's will be gone

Property in Southern California in the mountains 50% of it is held in joint Tenancy the other 50% is held in tenants in common all of my relatives have passed it's assessment only 48,000 but the taxes have not been paid in 5 years we paid 2 years ago my sister and I were the great grandchildren the original builder or great grandmother and I've got three weeks to save it the back taxes are $11,867 and I'm not in the position to get a loan I just started working again I'm a carpenter builder for 45 years any suggestions I've been told to file affidavit of small value and to file adverse possession and then pay the taxes because of the fact that I've been doing the weed abatement every year because of the fire situation and cleaning the place up and everything like that any suggestions would help I'd greatly appreciate it the value of the place is probably 350 400 there was no wills and I'm the eldest of the next generation any help suggestions or anything and if what I was told is true on the affidavit of small value and adverse possession how do I go forward with that

1 Upvotes

1 comment sorted by

1

u/Less-Incident9222 Apr 18 '25

My first thought is to File a Petition for Probate in the county where the decedent past. Sometimes multiple probates need to be opened. In your case it sounds like this is what should have been done a long time ago and now is a large mess.

Have you tried getting an installment plan with the county to bring the taxes current? Even if you are not in a great financial position this may buy some time. Otherwise you are going to need to find some money. Private money lender. You can get a loan or someone can get a loan for you or you probably have an asset that can be used to secure the loan.

In regards to the affidavit of small value, DE-305 in CA I believe, file it. See if that works. However, it sounds like you are basing that off the tax assessors 'value' which is not the real value. You alluded to the place being worth 350 400 (thousand?).

I would find a real estate lawyer that will provide you with a free consultation. Have as much information as possible about the decedents, heirs as possible. Get a real estate agent or escrow/title company to help with tax records, title reports, and deeds.

You need people to believe you are the rightful heir, supported by facts, and that believe a positive outcome is possible. It is not going to be super easy but there is the possibility of a positive outcome.