Inheriting - Posted by Dee

Posted by JAG on October 03, 2003 at 19:21:21:

I don’t think you can claim adverse possession, because your possession was never truly adverse to the owner (since you were basically a guest, certainly during the period that she was paying the note).

The verbal agreement is unenforcable under the statute of frauds since it relates to an interest in real property.

The property will pass per your state’s intestacy statute. I don’t know how La. differs from other states, since it has an unusual civil code arrangement. But in most states, you and your siblings would, I believe, become tenants in common.

I think you either have to hope that your siblings don’t sue you (maybe until the adverse possession statute runs out – and even that might not work if your possession isn’t sufficiently adverse to them), or get them to deed you all interests they have or may claim to have in the property. The danger is of course that this makes them think that they have an interest, and then they’ll sue you. It comes down to your opinion of your siblings.

Inheriting - Posted by Dee

Posted by Dee on October 03, 2003 at 16:24:38:

My siblings and I live in La. My Mother was buying some property and passed on without a will thinking that her children can settle without a will. I have lived in one of the properties for the 6 years she was buying and paid the house note mostly in my checks. She moved in during her illness less than a year ago and started paying the house not. She passed on and now my sister won’t sign anything saying the house should be mine. My mother and I had a verbal agreement known to my siblings that this house was for me. What are my options to keep my home?

NOT APPROPRIATE FOR THIS BOARD - Posted by William Bronchick

Posted by William Bronchick on October 03, 2003 at 20:26:36:

This board is not for giving out legal advice. There is a disclaimer right above your post which read:

“Please do not post a long, fact-based scenario and ask for specific legal advice.”