Family attempts to grieve grandfather but needs help with ownership claims

Question: Years ago my father bought his father’s house and my grandfather remained an occupant. My grandfather continued to live in the large bedroom and my father moved into the small bedroom.

Yesterday, family members rushed to the hospital. Last night, my grandfather passed away. My contentious uncle, my father’s oldest brother, caused a stir.

Friends and relatives filled my grandfather’s hospital room. My contentious uncle stayed in the waiting room. He told anyone who would listen that my father needed to sell his house and “Give everyone their share.”

In the 1970s, my contentious uncle moved out of my grandparents’ two-story home. In the early 1980s, my grandparents divorced and sold their house. In the early 1990s, my grandfather bought a foreclosed Silicon Valley two-bedroom, one-story home for $190,000. In 1998, my grandfather retired on a fixed income. The mortgage loan payment became a burden.

In 1999, my father bought my grandfather’s house for its market value of $310,000. According to the internet realty websites, the current value is $950,000.

My grandfather and his argumentative eldest son never saw eye to eye. They did not communicate. The troubled uncle never visited my grandfather, nor was he in the will, trust or property ownership.

At this time, we should be grieving the patriarch of the family. Instead, this troubled uncle is mounting a campaign of deception. My father is not sleeping, nor am I.

My wife thinks we should talk to a lawyer. That could take time. The funeral is this weekend.

Is there a fast way to learn about ownership claims against my father’s house?

Answer: Schedule a consultation with a real estate attorney. In the meantime, consult a local escrow officer. Ask if their firm’s title officer would insure the sale of the property.

In other words, the escrow and title officers would review the property’s legal history. It would take a day or two. You can relax once they state that they will insure a clean title. However, I suggest you keep the appointment with a real estate attorney.

“Clean title” is the term of art.

In California, a clean title indicates a property with no liens, encumbrances or claims, ensuring the seller has clear and legal rights to sell without issue.

It speaks volumes when the escrow and title officer declare they would gladly help sell your father’s home.

Here is why: Title insurance in California is an insurance policy that safeguards both the buyer and the lender against financial losses resulting from unexpected ownership issues related to a property.

It protects against: 

• Hidden liens
• Fraudulent ownership
• Errors in public records
• Heirship disputes

Financial elder abuse through real estate is a billion-dollar “industry.” A blood relative usually orchestrates it. We only hear about a fraction of those cases.

Conversely, adult children often help older adults in financial matters. It is rare to hear of those legitimate circumstances.

Any judge, jury, mediator or arbitrator will resist rewarding your contentious uncle’s campaign of deception.

For Housing Market Data in your area, visit my webpage for trends here. Do you have questions about home buying or selling? Full-service Realtor Pat Kapowich is a Certified Trust and Probate Specialist, Certified Real Estate Brokerage Manager and career-long consumer protection advocate.

He is based in his hometown of Sunnyvale, California.
Office: 408-245-7700; Broker# 00979413 Pat@SiliconValleyBroker.com