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Adverse possession of deceased brother's house.

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Lynn McClendon

Junior Member
What is the name of your state (only U.S. law)? California. My brother and his partner brought a house in 1992. My brother's partner quit claimed his share of the house to my brother in 1995 and it was recorded in Alameda county. My brother died in 1999. My brother's partner said my brother left everything to him. My mother and I did not ask to see the will, we took his word at it. My Mom died in 2006. A research firm found me in 7-2006 and said my brother did not leave a will and his partner was not left the house. The house's taxes are still in my brother's name. I am the administrator of my brother's estate. My brother's partner was trying to get the house through adverse possession, because he had been paying the taxes until 4-2005. My brother's partner died in 2008. I had a settlement agreement on 9-2008 with his administrator to buy me out. She has never paid me the money. I am being told if I cancel the settlement agreement because of nonpayment, she will try to get the house through adverse possession. Can the deceased partner's administrator get the house through adverse possession even though the taxes have not been paid since 4-2005? Thanks
 


FlyingRon

Senior Member
You need a lawyer, but my guess is that your brother's estate still has ownership. If the partner didn't bring the suit for adverse possession while he was alive (and was successful), it didn't matter that he was paying taxes or making the other requirements of adverse possession. Now that he is dead he can not be "continuously" occupying the property to allow the suit to be brought now.
 

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