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Updated about 8 years ago on . Most recent reply
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Deceased parents/Probate/adverse possession
I thank you in advance for forgiving my ignorance.
I am disabled. My father died one year ago today. The house I have lived in for 7 years with permission from my father was given to me. My father had alzheimers. We could not find the will.
The attorneys where he drew it up had destroyed their files because they were from the 90's.
Moving forward, there were 6 children born by my father.One is deceased also. That left 5 living heirs. My brother and 3 half brothers,
The estate is still in probate and I need to know (if) I have a shot at claiming the home. Specifically how do you intervene probate. Is that even possible? Or does the property have to go through probate first?
Here's the thing.
My 3 half brothers got a lawyer to fight for the property. Otherwise they want their share of his house whom they did not share with my mother. (This was their marital and my childhood home)They have inflated the worth tremendously and base their payoff as more than the home is worth. Quite literally, the house was literally almost destroyed, and I have worked with a contractor who did nearly 30,000 worth of work. Even so, the house has a basement nightmare!
I am lingering. I realize there are heirs. Is there any way I can present adverse possession?
Thank you,
Andrea A.
Most Popular Reply
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Other family members have legal representation, but not you? The deck is already stacked against you.
You've come to a real estate investor community where the hell is biased in favor of nesting in properties for profit. You need legal advice for your specific situation in your state.
In most states, an intestate (no-will) estate assets are distributed according to laws of consanguinity, a ten folaar word referring to the order of lineal family inheritance. Absent a will, an estate that probates real property generally liquidates (sells for cash) assets in order to pay creditors and cost of administration (court, attorney, administrator).
What's left (heirs' equity) gets divided up "per stirps" meaning you get what's coming to you, net of the costs.
I work a lot of probate litigation cases. You need a plan and probably one prayer for you to remain in this property long-term. Hope it works out well for you in the end.