Source: KDVR – Lakewood Dilapidated Property Dispute
Who This Article Is For
If you own California property or will inherit property through an estate, this Lakewood case illustrates critical estate planning lessons about property maintenance, code enforcement, and protecting your legacy. This guide helps California property owners avoid becoming the problem property in their neighborhood and protects heirs from inheriting legal nightmares.
The Lakewood Problem: A Decade of Neglect
What happened in Colorado offers lessons for California:
A severely dilapidated property near West 13th Avenue and Urban Street in Lakewood, Colorado has plagued neighbors for nearly a decade:
The problems:
Property filled with junked cars, RVs, trash, and debris
Located next to Daniels Preschool and Community Center
Automotive fluids and chemicals on ground
Potential soil and groundwater contamination
Public safety and environmental hazards
Enforcement failures:
Neighbors complaining for 10+ years
Multiple code enforcement citations
Owner taken to municipal court
Most recent case dismissed on procedural violation
Code enforcement building new case
No visible change despite decade of complaints
Why this matters:
This is likely an estate planning failure. Properties that deteriorate for a decade often have:
Elderly or incapacitated owners who can’t maintain property
Deceased owners with estates in probate limbo
Disputed ownership among heirs
Owners with hoarding disorders or mental health issues
Financial problems preventing maintenance
How Problem Properties Start: Estate Planning Failures
Most neglected properties share common origins:
1. No Power of Attorney When Owner Becomes Incapacitated
Scenario:
Elderly property owner suffers stroke, dementia, or other incapacity:
Can no longer maintain property
Family has no legal authority to hire maintenance
Cannot access owner’s funds to pay for upkeep
Property deteriorates while family seeks conservatorship
By time court grants authority (6-12 months), property is seriously degraded
California example:
Roseville homeowner, age 78, develops advanced dementia:
No power of attorney in place
Adult children cannot hire landscaper or handyman
Cannot pay property taxes or HOA dues
Yard becomes overgrown, house falls into disrepair
Code enforcement cites property
Children must go to court for conservatorship
Legal fees: $15,000
Code enforcement fines: $8,000
Property remediation: $25,000
Total cost: $48,000
With power of attorney:
Children immediately hire maintenance: $200/month
Property maintained throughout incapacity
Annual cost: $2,400
2. Probate Delays Leave Property Unmanaged
The probate problem:
Owner dies, property enters probate:
12-18 months before executor can act
Utilities may be shut off
Maintenance stops
Vandalism and squatters move in
Code violations accumulate
Property value plummets
California probate timeline for problem property:
Months 1-3:
Owner dies, house sits empty
Mail piles up, yard unmaintained
First code enforcement notice
Months 4-8:
Probate filed, still no authority for repairs
Additional code violations
Neighbors complain
Property attracts crime
Months 9-18:
Executor finally has authority
Faces $20,000+ in code fines
$30,000+ in deferred maintenance
Property value decreased $50,000+
With living trust:
Successor trustee has immediate authority
Property maintained continuously
No probate delay
Value preserved
3. Heir Disputes Prevent Property Management
Multiple heirs, no agreement:
Three siblings inherit family home:
One wants to sell immediately
One wants to move in
One wants to rent it out
Nobody pays for maintenance (dispute over who pays)
Property deteriorates during family conflict
Court partition action required ($30,000+ legal fees)
Property sold at auction below market
Estate planning solution:
Trust provisions that:
Designate decision-making authority (one heir or professional trustee)
