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  #1  
Old 07-12-2001, 01:18 PM
Donald L Schwanke
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Missouri. We have been paying taxes on 5 lots for many years. In addition we have mowed it, paid for mowing, and somehow treating it as our own. The unimproved land belonged to my wife's uncle for whom she was appointed guardian due to his mental condition, he died in 1988, no children or wife, a dozen nephews and neices (my wife is one of them). Since he died without a will, no action has ever been taken to acquire title to the land. Any attempt to reason with the others would prove fruitless. Do we not have a perfect case of adverse possession? How do I go about making this happen and acquire a deed to this property? Since the land is not worth over maybe a thousand dollars on the open market, a lot of legal fees is not a viable option, could such a paper be filed by an individual? I cannot seem to find Missouri Adverse Possession law to examine it.
  #2  
Old 07-12-2001, 09:02 PM
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Before taking any action to quiet title, Probate action needs to be filed.
  #3  
Old 07-13-2001, 07:54 AM
Donald L Schwanke
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OK, sounds logical to me. I think I also see the answer to the problem.
Obviously the ONLY asset in this estate is the 5 lots, which would be normally passed down to the 10 neices and nephews (I believe) since there was no will, no wife, no parents, no children.
Could we not put a claim against the estate for 13 years of maintaining the property, payment of taxes etc? (There is currently a $227.00 tax arrears on the property). Since this claim would far surpass the value of the lots, would (could) the probate division then not just give us the lots in part payment of debt against the estate?
Could I not just file the probate myself?
  #4  
Old 07-13-2001, 12:59 PM
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You have no claim if the tax burden exceeds the property value.
  #5  
Old 07-13-2001, 01:40 PM
Donald L Schwanke
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I think I did not make myself clear. I am not trying to anything in excess of the value of the lots. What I meant was, that is it not logical to assume that if the tax burden and maintenance were say $2000, and the value of the lost were $1000, that I would then be awarded the deed to the lots as payment? (and have to write off the other $1000 as my loss for being dumb?)
  #6  
Old 07-13-2001, 01:51 PM
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No.
Let me clarify the issues.
1. you have no claim to the property up until such time as the Probate Court awards you interest in the property (if any)
2. so all this discussion is premature.
3. there are a number of relatives that are considered beneficiaries pursuant to State probate and estate laws. Your wife is one of them. As you know, there will be a fight over interest in the property.
4. you do not have the adverse possession case as you discuss.
  #7  
Old 07-13-2001, 03:22 PM
Donald L Schwanke
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OK, I think I am what you are saying, but it is too easy for me to use logic instead of law. So you are saying that Probate has to come first. I will have to spend my own money for this Probate decision, which COULD well determine we have no right to reclaim back taxes, maintenance on the property, the cost of probate, or even an interest in the property.
What a system we have. No wonder this piece of property has been in limbo since 1933! Real progress, no one can build on it, own it, pay taxes on it, or even maintain it. Maybe in the next 68 years the law will change and the eyesore and the issue can be resolved, then again it will probably still be there overgrown in weeds. Better odds at the slot machines I would say.
  #8  
Old 07-13-2001, 06:51 PM
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I agree.
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