Possession under color of title

What is the name of your state (only U.S. law)? North Carolina

My mother passed away when I was 19yrs old. Her will requested that her real and personal property be divided equally between her 5 children. When I turned 21yrs old, my sister (trustee and executor of my mother's estate), put the title of my mother's home in my name only. The title was filed at the register of deeds in July of 2000 and is still currently in only my name.

Would I be able to claim the title solely by possession under color of title?

The statute of limitations against claims from other parties with interest in the property is 7yrs in my state. My older sister now wants to be added to the title but I do not want to add her to it. Please correct me if I'm wrong and thanks in advance.

You should contact a lawyer right awau before your sister files suit.

How were the assets divided? Was the house an equal share as what the others received? Why does sister want her name on the title? Who lives in the house? Why was only your name put on the title?

Your sister is most likely "out of luck".

Was the house the only asset? Or were other assets split out across the 5 family members and your 1/5th of the total was given to you as the house?

If the house was the only asset, and you got it totally instead of splitting it across the 5 family members...then I think the ethical answer (to split it fairly) might be different than the legal answer (that you can keep the house yourself - if that's what the legal experts indicate). Sell the house and split up the money, or pay everyone their equivalent $$'s would be the right thing to do. There are no dollars worth the family resentment, it's the equivalent of stealing from your own family.

In August 2008, you were advised here:

tranquility: A deed is presumptive proof of ownership. That presumption can be challenged. From your facts, it seems like a successful challenge can be had. I would see an attorney to review the facts and find out where you stand.

Click to expand...

https://forum.freeadvice.com/wills-trusts-estate-planning-113/deed-vs-will-425877.html

You have not done so, have you? Did you think that Tranquility was kidding?

No, the house was not the only asset of my mother's estate.

My siblings and I agreed to give my mother's car to my older brother. He did not have a vehicle at the time. The car was valued at approximately $15,000.

My siblings split a $10,000 life insurance policy between them. I was the beneficiary of the life insurance policy but I did not receive any of the money.

The home at the time was valued at approximately $20,000. The home was occupied by my grandmother and my uncle, so selling it was not an option to me. The both have now passed away and the home has been vacant since early 2008. I haven't lived in the home since 1997, but it's been registered in my name for about 9 years now.

My sister sent me the deed immediately after putting the title in my name. None of my siblings wanted the property at the time. I also have emails from my sister which show she meant to give me the home. She wants to be on the deed now because the property value is at least 5 times as much as it was at the the she conveyed the property to me.

I think it's wrong to give me something and try to get it back after all of these years. That's why I need some advice to see if I'm protected by "possession under color of title".

Thanks

So, the sister who was the executor of the estate is now going to challenge her actions as executor?

Cool! That should be fun to watch. Plaintiff and defendant at the same time. If she ever takes any legal action, come on back and tell us what is going on.

Look, instead of tossing around legal-sounding phrases, you can either consult with an attorney now to see where you stand legally or you can wait until your sister actually initiates legal action and then retain an attorney.

Yes, the sister that was the executor is challeging her own actions. She was also my trustee at the time because I was under 21yrs old. She is saying that she conveyed the property to me in error. She states that she was only trying to give me my portion of the home.

She has already retained a lawyer that contacted me. He basically summarized the situation and in his OPINION, the house should be split between me and my siblings. However, he never threatened to take me to court or fight the situation.

I also have an attorney that thinks I have a good chance of keeping the home. Basically my sister would be disputing her own actions. My attorney is reviewing the statute of possession under color of title. He's also checking into whether my sister had the authority to distribute the home to me.

In any event, I personally think that possession under cover of title would protect me from any claims being that I've had the home in my name for almost 9 yrs. The statute of limitations in NC is 7yrs. I'll keep you posted.