QUESTION
Can I do an adverse possession on this property if my mother did not leave a will?
Asked on Oct 26th, 2013 on Estate Planning - Michigan
More details to this question:
I have been living with my mother in her house for 26 years back in 2001. She died without a will and I have 9 other brothers and sisters and 2 of them won't sign for me to probate a will. I have still been living there and paying taxes ever since.
17 ANSWERS
Divorce Attorney serving Bingham Farms, MI
at
Gottlieb & Goren, P.C.
Update Your Profile
If you paid the taxes after your Mother died, you have a claim against the Estate for the money you paid out. As a creditor, you can petition the Court to open a probate estate with yourself as personal representative. You can then sell the home, get paid back for the taxes and split the money that is left with your siblings. If you paid the taxes before she died, to get the money back, you have to show she agreed to pay you back.
Answered on Nov 05th, 2013 at 5:14 AM
David Thomson Egli
While you can file an action seeking such, it may be very difficult for you to establish the elements necessary for a court to rule that you are the owner of the property under adverse possession. Did your mother have a will or not? If she died without a will, how could you file to probate a will? To petition to probate an estate, whether or not asking to have a will admitted to probate, does not require signatures of any other heirs or beneficiaries. You should discuss this with an experienced probate attorney.
Answered on Oct 31st, 2013 at 7:53 AM
Corporate/Business Attorney serving Beachwood, OH
at
Christine Sabio Socrates Attorney at Law
Update Your Profile
You can still go through the probate without signatures from all of your siblings. Since your mother did not have a will, unfortunately, all of the siblings would inherit the house. You may be able claim a reimbursement to the estate for the taxes paid on the house but you also have been living there. The other siblings may argue against reimbursement since you have been residing in the house. If you need assistance.
Answered on Oct 31st, 2013 at 7:23 AM
Bankruptcy Attorney serving Florissant, MO
at
Law Offices of Thomas Corcoran Phipps
Update Your Profile
You will have to meet all of the requirements of adverse possession. You should talk to an attorney who handles real estate cases.
Answered on Oct 31st, 2013 at 7:12 AM
If your mother died without a will, her remaining assets will be divided according to the intestacy laws of the state. Assuming that she did not have a surviving spouse, the assets will divided equally between her surviving children. I doubt that you would be granted adverse possession of the house since you lived there with your mother.
Answered on Oct 30th, 2013 at 5:19 AM
3 Awards
No, you should speak with a probate attorney. I am unsure why your siblings would "sign for you to probate a Will.
Answered on Oct 29th, 2013 at 2:20 PM
Probate Attorney serving Newport, OR
at
Minor, Bandonis & Haggerty P.C.
Update Your Profile
No, your possession is not adverse, since you moved in with Mom's permission. Your brothers and sisters don't have to sign anything for you to open probate (actually, "administration" where there is no will). But why would you do that? Just continue to live there. All you have to pay is taxes and insurance. You'd never find a rental that cheap. If you administer the estate, it will be to sell the house, and then you'll only have a little less than one-ninth of the value of the house nowhere near enough to buy something new. You're making out pretty well as things are.
Answered on Oct 29th, 2013 at 2:20 PM
Trusts Attorney serving Sacramento, CA
at
Law Office of Victor Waid
Update Your Profile
No as to adverse possession, as you had the consent of your mother and most of the family to live there. Commence the filing of a petition to probate the property and maybe you can obtain an agreement from all of the heirs about your occupancy of the property.
Answered on Oct 29th, 2013 at 2:19 PM
Business Planning Attorney serving Livonia, MI
at
Frederick & Frederick Attorneys at Law
Update Your Profile
Your summary is not clear. If your mother died without a Will, how could you probate a Will that does not exist? Your siblings are entitled to the same share of the estate as you are, in the absence of a Will. Your possession in this case was not adverse, but was permitted, first by your mother, and now by your siblings. I do not see a case, there. You may have a case for reimbursement of your taxes, since those are now joint responsibilities, but it is not a sure thing. Your best bet is to work something out with your siblings.
Answered on Oct 29th, 2013 at 2:18 PM
To maintain an action for adverse possession you must show the possession is adverse meaning without a legal claim or right. I cannot tell from your statements if this would qualify.
Answered on Oct 29th, 2013 at 2:18 PM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
I doubt that adverse possession applies, particularly since you have been in the house on your own only from 2001. If there is no will, of course you cannot probate a will. The probated estate was supposed to have been started in 2001 when your mother died or within 3 years of her death. I suppose yo might make the claim in 2021 if nobody objects. I suggest you talk with a local attorney about all of the facts to figure out your best course.
Answered on Oct 29th, 2013 at 2:17 PM
If there is no will, your mother's estate will be divided among the children in equal shares. You may have a claim against the estate. ?It is best if you can settle the estate without a fight. Someone has to be appointed personal representative to open the estate to settle matters.
Answered on Oct 29th, 2013 at 2:16 PM
Taxation Law Attorney serving Glendale, CA
at
Irsfeld, Irsfeld & Younger LLP
Update Your Profile
Why would you need any of them to sign for you to probate a will? You file a petition with the court.
Answered on Oct 29th, 2013 at 2:16 PM
2 Awards
Your possession is not ADVERSE so no you cannot. Your brothers and sisters do not need to sign for you to probate the will - if it has not been done by someone else you can simply go to court and file your Petition. Unless the will says the house is yours however, you will have to share it with your brothers and sisters. I think you should be happy no one has made a fuss so far since you have been living in the house presumably only paying taxes to live there.
Answered on Oct 29th, 2013 at 2:15 PM
Trusts and Estates Attorney serving Jacksonville, FL
Partner at
Law Office of David M. Goldman PLLC
3 Awards
Adverse possession can never be used when you have permission it must be adverse to the owners interest.
Answered on Oct 29th, 2013 at 2:15 PM
Admiralty / Maritime Attorney serving Monrovia, CA
at
The Law Office of Nathan Wagner
Update Your Profile
You can only use adverse possession if you have been using the property without the real owner's permission. I assume you had your mother's permission to live there all these years, so adverse possession does not apply. However, you do not need your brothers' and sisters' permission to open a probate case. Talk to a local probate attorney about your situation.
Answered on Oct 29th, 2013 at 2:14 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
No you do not. You are going to have to deal with your siblings.
Answered on Oct 29th, 2013 at 2:14 PM