Squatters Rights?

[sygurz]

What is the name of your state?Missouri - What are the laws concerning squatters rights in the state of Missouri? If someone has been living rent free on a property but paying the taxes, can this be construed as a form of rent? The actual title to the property is in probate, and nothing has been done to change that since the wife has died. The husband is still alive, but is disabled, and the father had a agreement to let the son and his wife live rent free on the property as long as he paid the taxes. Now the son has died, and the sons wife is trying to sell the property. The original owners, husband and wife were separated, but not legally. The mother lived with the son on the property until she died, but nothing was done to the title, and it remains in probate in her name. After she died, the title will come back to the husband - correct? I guess my question really is - the deceased son never had a will, so his widow really doesn't have any claim to anything. I am the power of attorney to the surviving original owners husband. If she can't claim ownership, she is going to try claiming squatters rights, and I don't think she can. Am I right? Thank you

 

[BelizeBreeze]

What is the name of your state?Missouri - What are the laws concerning squatters rights in the state of Missouri? If someone has been living rent free on a property but paying the taxes, can this be construed as a form of rent?

Urban Myth. There is no such thing as 'squatter's rights'.

The actual title to the property is in probate, and nothing has been done to change that since the wife has died. The husband is still alive, but is disabled, and the father had a agreement to let the son and his wife live rent free on the property as long as he paid the taxes. Now the son has died, and the sons wife is trying to sell the property.

A property that she does not own.

The original owners, husband and wife were separated, but not legally. The mother lived with the son on the property until she died, but nothing was done to the title, and it remains in probate in her name. After she died, the title will come back to the husband - correct?

no, not correct. The title (or deed for other than a trailer) will go to whomever is on the deed or, if no will, to the list of successors according to Missouri Intestate succession laws.

I guess my question really is - the deceased son never had a will, so his widow really doesn't have any claim to anything.

And there you are wrong.

I am the power of attorney to the surviving original owners husband. If she can't claim ownership, she is going to try claiming squatters rights, and I don't think she can. Am I right? Thank you

O.K. first this is a complete mess. Something you seem to have no idea how to correct.

So, first, did the mother who died have a will?

Second, is the residence (either trailer or home) in ONLY her name and if not, HOW EXACTLY WORD FOR WORD is it deeded?

Third, once those questions are answered, then son's estate must be probated. However, whether or not he has an ownership interest in the property depends on the answers to the above.

 

[HomeGuru]

Urban Myth. There is no such thing as 'squatter's rights'.

**A: then is there such a thing as farter's rights?

 

[BelizeBreeze]

Urban Myth. There is no such thing as 'squatter's rights'.

**A: then is there such a thing as farter's rights?

Only when standing in a erest postion and upwind.

 

[EvilWizard]

Just for FYI in case this is what the person is looking for. Squatter's Rights is sometimes used synonimously with adverse possession. I am guessing this person is wanting to look at making an AP claim. Here is the law for AP in Missouri.

Missouri: In Missouri, the duration of such possession is ten (10) years. Missouri Code §516.010-.030.

Adverse possession is the taking of title to real estate by possessing it for a certain period of time. Title means ownership of real estate. The person claiming title to real estate by adverse possession must have actual possession of it that is open, notorious, exclusive and adverse to the claims of other persons to the title. By its very nature, a claim of adverse possession is hostile to the claims of other persons. It cannot be hidden but must be open and notorious in order to put other persons on notice as to one’s claim for possession of the real estate.

A claim to title by adverse possession often must be made under color of title. Color of title means a claim to title by way of a fact which, although on its face appears to support a person’s claim to title, is in some way defective and falls short of actually establishing title to the real estate. An example of a claim made under color of title would be a deed whose execution was defective or is in question. Another example is a claim arising from another person’s Last Will and Testament. Yet another common example is where two or more persons have received separate deeds to the same parcel of real estate.

Black’s Law Dictionary, Fifth Edition.

 

[HomeGuru]

Just for FYI in case this is what the person is looking for. Squatter's Rights is sometimes used synonimously with adverse possession. I am guessing this person is wanting to look at making an AP claim. Here is the law for AP in Missouri.

Missouri: In Missouri, the duration of such possession is ten (10) years. Missouri Code §516.010-.030.

Adverse possession is the taking of title to real estate by possessing it for a certain period of time. Title means ownership of real estate. The person claiming title to real estate by adverse possession must have actual possession of it that is open, notorious, exclusive and adverse to the claims of other persons to the title. By its very nature, a claim of adverse possession is hostile to the claims of other persons. It cannot be hidden but must be open and notorious in order to put other persons on notice as to one’s claim for possession of the real estate.

A claim to title by adverse possession often must be made under color of title. Color of title means a claim to title by way of a fact which, although on its face appears to support a person’s claim to title, is in some way defective and falls short of actually establishing title to the real estate. An example of a claim made under color of title would be a deed whose execution was defective or is in question. Another example is a claim arising from another person’s Last Will and Testament. Yet another common example is where two or more persons have received separate deeds to the same parcel of real estate.

Black’s Law Dictionary, Fifth Edition.

**A: we already knew that and it does not apply in this case.

 

[EvilWizard]

Well I knew you guys knew that, but I posted that because this person would have just posted again saying "What about Adverse Possession?"...

So I cut him off at the pass.

 

[HomeGuru]

oh ok, in that case thanks.

 

[janhoward777]

what is a Squarter?

Only when standing in a erest postion and upwind.

To quat or not to squat that is the question. If someone parks in my drive way long enough does not mean he can claim my house. Can a person ask the court system to take a dead persons property and probate it? Would that make it a reprobate? So much for the jokes. If a property did not go through probate what can i do to get the propewrty into the hands of the heirs of the property in Missouri?

 

[Some Random Guy]

Please start your own thread rather than resurrecting this four year old one.

Be sure to include the name of your state and explain exactly how the owners of the property are listed on the title.