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  1. #1
    debs1104 is offline Junior Member
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    Question Can I claim squatter rights in Ohio

    Ohio

    Hi, My mother passed away out of state in Florida 13 years ago, since such times I have been living in her legally owned home in ohio where she was a permenant resident. I do not pay rent as the home is still in my mothers name however I have paid property taxes for the during I have been living here, I have looked into probate but have found that I require to spend $3000, just to retain an attorney, would a better alternative be to claim squatters rights, if so, how can i begin this process, if I am unable to claim squatters rights, is there a less expensive way of getting my mothers home transferred to my name.

    Many Thanks in advance

    DebbieWhat is the name of your state?
  2. #2
    xylene is offline Senior Member
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    Awful pickle.

    You have been so irresponsible.

    13 YEARS

    I'll just let moms estate get so messed up it will never be straight.

    Ridiculous.

    Please tell me you are mom's only heir!
  3. #3
    debs1104 is offline Junior Member
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    Post Can I claim Squatters Rights

    Ohio

    No there are 4 siblings, but I am the only one who has lived in the house since mom's passing

    Thanks

    Debbie
  4. #4
    BelizeBreeze is offline Senior Member
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    Quote Originally Posted by debs1104 View Post
    Ohio

    Hi, My mother passed away out of state in Florida 13 years ago, since such times I have been living in her legally owned home in ohio where she was a permenant resident. I do not pay rent as the home is still in my mothers name however I have paid property taxes for the during I have been living here, I have looked into probate but have found that I require to spend $3000, just to retain an attorney, would a better alternative be to claim squatters rights, if so, how can i begin this process, if I am unable to claim squatters rights, is there a less expensive way of getting my mothers home transferred to my name.

    Many Thanks in advance

    DebbieWhat is the name of your state?
    No. there is no such thing as 'Squatter's Rights' in Ohio. And Adverse possession is also not an option.
  5. #5
    tranquility is offline Senior Member
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    As BB notes, "squatter's rights" in legal jargon is adverse possession. The time required in Ohio for that is 21 years. Also, you have a problem proving by clear and convincing evidence the posession is notorious (without permission of the owner) for a couple of reasons. First, the "owner" is dead and it will be hard to prove she didn't want her daugher to live at the house. Second, who is the "owner" right now? I'd argue it is all the children by intestate succession. Thus, making you the beneficial "owner" in a way. Clearly, you give yourself permission to live on the property--hardly making your possession adverse.

    I think you will need to go through probate. If there is not a will the property will pass by intestate succession. That means ownership will devolve to all the children (and anyone else the statute would apply to).

    Bottom line is that you will not ever get the property in your name alone unless you buy from or have your siblings gift the property over to you. The property tax money is down the drain, except for the fact it provided you with very cheap rent.
  6. #6
    LindaP777 is offline Senior Member
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    My guess is the OP is trying to claim the house for herself and shaft her siblings of their portion of their rightful inheritance.
  7. #7
    moburkes is offline Senior Member
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    Quote Originally Posted by LindaP777 View Post
    My guess is the OP is trying to claim the house for herself and shaft her siblings of their portion of their rightful inheritance.
    No way! This OP would NEVER do that. She's been living in mom's house rent free for YEARS, and wants it to remain that way? Nope. Don't believe you.
  8. #8
    nextwife is offline Senior Member
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    WHY do you think that, absent a will stating that it was mom's wish, you and you alone, of all the siblings, should get the entire benefit of the real estate from mom's estate? You've lived there rent-free for the past 13 years, other than the cost of taxes and maintenance, so you've already had a benefit the siblings did not.

    Were there debts her estate owed when she died?

    Were there other assets? Personal property in the house? Bank and other accounts? What was done with those?
  9. #9
    BelizeBreeze is offline Senior Member
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    Quote Originally Posted by nextwife View Post
    WHY do you think that, absent a will stating that it was mom's wish, you and you alone, of all the siblings, should get the entire benefit of the real estate from mom's estate? You've lived there rent-free for the past 13 years, other than the cost of taxes and maintenance, so you've already had a benefit the siblings did not.

    Were there debts her estate owed when she died?

    Were there other assets? Personal property in the house? Bank and other accounts? What was done with those?
    I can answer that. They were allowed to continue the fraud by not probating the home so it could be sold under order of the Probate court and the proceeds used to pay off the creditors

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