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Adverse Possession & Wills

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ConfusedFlorida

Junior Member
Massachusetts----

I wont make this long but I am confused. If a will was made stating that the legal heirs to an estate, that being the grandchildren, are the legal heirs to an estate, how does one member of the original heirs, that being the only surviving son, have a right to sue for Adverse Possession of my grandmother's house?
 


justalayman

Senior Member
Well, with that plethora of information, you're going to have to tell us.

Here are the basic principles behind adverse possession in Massachusetts:

Basic Requirements. In order to acquire title through adverse possession, the claimant’s use of the real estate must be actual, open, notorious, exclusive, adverse to the owner, and continuous for twenty (20) years. The burden is on the individual asserting adverse possession to prove all elements of the claim.
Does his claim fit within all of those requirements?
 

nextwife

Senior Member
Well, with that plethora of information, you're going to have to tell us.

Here are the basic principles behind adverse possession in Massachusetts:



Does his claim fit within all of those requirements?
And, in manty states, there is also a requirement to pay taxes on the property in question.


Any one can sue for anything. The heirs need an attorney to defend against the lawsuit.
 

ConfusedFlorida

Junior Member
Still Confused

Thank you for your reply. I understand the legal mumbo jumbo...hostile, notorious, etc, but i really want to know how a will affects this. We are in court now and representing ourselves pro se.
 

nextwife

Senior Member
If they never met the criteria for adverse possession in the first place, it is irrelevant as to eventual distribution of assets under the will, except for the cost of defending against the claim.
 

justalayman

Senior Member
Thank you for your reply. I understand the legal mumbo jumbo...hostile, notorious, etc, but i really want to know how a will affects this. We are in court now and representing ourselves pro se.
Well, if the son can prove adverse possession, the will would be irrellevent since you cannot will property that is not yours to anybody. That is why I posted the basic requirements to make a claim of adverse possession.

What I was hoping to elicit from my post is why the son believes he has a legitimate claim of adverse possession.

give us a timeline of when g-mom died
when/if her will/estate was probated
what is the basis of sons adverse possession claim
when he filed the claim
where did g-mom live
where did the son live and when

and on and on




Let us know what's happening. Can't give much advice without much info.
 

ConfusedFlorida

Junior Member
More answers

I'm sorry. this is new to me and I am really trying to get some ideas as to how to pursue this. Today I found some interesting arguments from Minnesota which I will probably use. As to why he is doing this I dont know.

give us a timeline of when g-mom died--1969
when/if her will/estate was probated--dont know
what is the basis of sons adverse possession claim--that he had complete control of the property past the statute of limitations (20 years) That is questionable
when he filed the claim-2006
where did g-mom live--Mass
where did the son live and when-Mass, across the street, still lives there
 

justalayman

Senior Member
Well, any idea if he fits the bill for the basics of adverse possession I posted previously?

It would seem he had adequate time to make a claim if he fulfills all of the other requirements.

Who has lived in and controlled the property since g-mom passed?

any idea who has been paying taxes on the place all these years?
 

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