What is the name of your state? California
We found an abandoned house in a beautiful area. It's clearly abandoned. The utility companies told us there has been no useage or payment made in several months (we called to inquire, NOT pretending to be the owner), junk mail is piling on the porch, weeds out of control, a car rusted inthe backyard, tags years out of date....
Here's the lowdown:
The house was bought in 1983 by "Miss Ethyl Mertz." The deed was finally recorded a year later in 1984, with no mortgage or anything, as owned by a trust with the trustee being "Mr. Ralph Kramden." The attorney listed on the deed as having written up the will is indisposed and so we have no way that we know of to find out what the trust says.
"Ethyl" died in 1990 at the age of 100 with no heirs. She never married.
"Ralph" was last known to be at a town hall meeting a year ago, then disappeared. An alternate address for him places him out of state for residence. The taxes and trust, though, are registered to the house. That meeting is the last anyone has known of his whereabouts.
We've been able to find that he had two older sisters, one who passed. He was born after 1945, though we haven't found a birth certificate. We found his family tree online and the remaining sister he has alive doesn't recall his birthday and doesn't know where he is. He never married, like "Ethyl," and had no children.
About a week ago all of his property, from his bank accounts to his Les Schwab accounts and stocks and everything went to unclaimed property with the state. Taxes haven't been paid.
So we want to take the house over by adverse possession. If we can move in successfully, then we can save the money we are paying to rent to put instead toward my husband's custody case for his daughter, the one living with abusers and a judge ignoring the proof and the two CPS social workers on the case. The child's current school is at an API 643 (800 is passing). The one in our current district is 843. The one there is 970 on a scale of 1000! If he can get custody, she's get such a good education as well.
In California, you must occupy a house "openly, hostily, and against the better interests of the owner," and make a "color or title," a fake deed that you hold out to be real. And, of course, pay all taxes.
A MONTH ago we put a notice on the door and two weeks ago sent a notice via FedEx, which came back as no one responding. As of this morning, the FedEx notices are still on the handle. Tomorrow the utilities are on in my name.
Now my questions come in.
As its law to take over a house by moving in, how is this not considered trespassing? Or is adverse possession an exception to the law? How on earth do you make a fake deed? Isn't this fraud, or an exception to the fraud law? What if this guy should somehow come back? Highly doubtful, but still the What if. How long would we need to hold the property that is inside the house? Two of the faded blinds are open about two or three inches, enough to see that there are papers on a table or something stacked in front of the window so that you can't see in any more.
My biggest fear is going in there and finding a dead body. When we do go in, my geriatrics nurse mom, who can see dead people without freaking, will go in first.
My second biggest fear is finding out that we did something against the law, even when following all I have been able to find out about adverse possession law. I am 24, husband is 26. I believe in laws and freedoms, but these laws seem to contradict each other.
Please help! Thank you.
We found an abandoned house in a beautiful area. It's clearly abandoned. The utility companies told us there has been no useage or payment made in several months (we called to inquire, NOT pretending to be the owner), junk mail is piling on the porch, weeds out of control, a car rusted inthe backyard, tags years out of date....
Here's the lowdown:
The house was bought in 1983 by "Miss Ethyl Mertz." The deed was finally recorded a year later in 1984, with no mortgage or anything, as owned by a trust with the trustee being "Mr. Ralph Kramden." The attorney listed on the deed as having written up the will is indisposed and so we have no way that we know of to find out what the trust says.
"Ethyl" died in 1990 at the age of 100 with no heirs. She never married.
"Ralph" was last known to be at a town hall meeting a year ago, then disappeared. An alternate address for him places him out of state for residence. The taxes and trust, though, are registered to the house. That meeting is the last anyone has known of his whereabouts.
We've been able to find that he had two older sisters, one who passed. He was born after 1945, though we haven't found a birth certificate. We found his family tree online and the remaining sister he has alive doesn't recall his birthday and doesn't know where he is. He never married, like "Ethyl," and had no children.
About a week ago all of his property, from his bank accounts to his Les Schwab accounts and stocks and everything went to unclaimed property with the state. Taxes haven't been paid.
So we want to take the house over by adverse possession. If we can move in successfully, then we can save the money we are paying to rent to put instead toward my husband's custody case for his daughter, the one living with abusers and a judge ignoring the proof and the two CPS social workers on the case. The child's current school is at an API 643 (800 is passing). The one in our current district is 843. The one there is 970 on a scale of 1000! If he can get custody, she's get such a good education as well.
In California, you must occupy a house "openly, hostily, and against the better interests of the owner," and make a "color or title," a fake deed that you hold out to be real. And, of course, pay all taxes.
A MONTH ago we put a notice on the door and two weeks ago sent a notice via FedEx, which came back as no one responding. As of this morning, the FedEx notices are still on the handle. Tomorrow the utilities are on in my name.
Now my questions come in.
As its law to take over a house by moving in, how is this not considered trespassing? Or is adverse possession an exception to the law? How on earth do you make a fake deed? Isn't this fraud, or an exception to the fraud law? What if this guy should somehow come back? Highly doubtful, but still the What if. How long would we need to hold the property that is inside the house? Two of the faded blinds are open about two or three inches, enough to see that there are papers on a table or something stacked in front of the window so that you can't see in any more.
My biggest fear is going in there and finding a dead body. When we do go in, my geriatrics nurse mom, who can see dead people without freaking, will go in first.
My second biggest fear is finding out that we did something against the law, even when following all I have been able to find out about adverse possession law. I am 24, husband is 26. I believe in laws and freedoms, but these laws seem to contradict each other.
Please help! Thank you.
