No Will!

[sarahnds2no]

:confusedWhat is the name of your state? NY
I have lived in my Aunt's condo for over 16 years, I paid off the Mortgage ( all checks both to Condo for maintenance and mortgage company, have been in my name). She left no Will. Can I get adverse possession?
My aunt, who had 2 sisters and a brother, all have passed. They are survived by their children, all of which are willing to sign waivers to give me the rights to the condo, if the answer to adverse possession is a No. What steps would I have to take to get Condo in my name so I can sell it. Help!!!!

 

[justalayman]

if you lived in the condo with permission, then there is no adverse possession.


How to get the title in your name; the estate needs to be probated and if you are the heir to inherit the condo, it will be placed in your name. If there are debts of the estate, they are going to need to be paid. That condo may be the asset needed to pay the debts.

 

[curb1]

How did it happen that you waited until after she died to ask these questions?

 

[sarahnds2no]

No Will

Why> ,,because originally, after my Aunt's passing, my older sister was handling the affairs. She tried to sell but had no luck. Meanwhile, she was paying for her own home and my Aunt's condo so I moved in so she wouldn't have the burden. Now, that the neighborhood is changing, I want to be able to sell and thought that since I lived here for all those years without any help from anyone of my family, there was some legal right to possession, i.e. squatter's rights, etc.?? Do I really have to go thru Probate?

 

[Dandy Don]

Probate is needed because the name of the new owner (possibly you) needs to be changed on the deed/title. Since there is likely no New York attorney reading this message board you will need to consult a probate or real estate attorney about this in person. And it may cost less than you think if you have equity (made most of the mortgage payments). Adverse possession may or may not apply here.

 

[sarahnds2no]

No Will

Thank you Dandy! I will check into this. Appreciate your quick response

 

[seniorjudge]

...
And it may cost less than you think if you have equity (made most of the mortgage payments). Adverse possession may or may not apply here.
...

Poster, pay no attention to this drivel.


You have no equity and adverse possession isn't even a remote possibility.


You will have to buy the place.

 

[justalayman]

hey, but the OP got what they wanted.

where do you get this stuff Don? Adverse possession? Where and in what universe would this be a possibility?

You have no idea if the estate has any debts. You have no idea how long any of the described actions have been taking place(other than OP lived there for 16 years) When did Auntie pass? Where did Auntie live?

Give us an insite to this Don. I am more than willing to learn.

 

[anteater]

hey, but the OP got what they wanted.

where do you get this stuff Don? Adverse possession? Where and in what universe would this be a possibility?

You have no idea if the estate has any debts. You have no idea how long any of the described actions have been taking place(other than OP lived there for 16 years) When did Auntie pass? Where did Auntie live?

Give us an insite to this Don. I am more than willing to learn.

Not to change the subject (since I would like to hear the answer), but... Is this the same condo that has a $6K lien for maintenance arrears on it?

https://forum.freeadvice.com/showthread.php?t=409572

 

[justalayman]

that's not changing the subject. that is making one of my points I previously posted:

If there are debts of the estate, they are going to need to be paid. That condo may be the asset needed to pay the debts.

HHHmmm, sounds like OP needs to go through probate and hope there are enough assets in the rest of the estate (that the other heirs are willing to forgo) to pay the maintenance fees.

I guess this also kind of throws a bit of a shadow on this statement of the OP's:

I have lived in my Aunt's condo for over 16 years, I paid off the Mortgage ( all checks both to Condo for maintenance and mortgage company, have been in my name).

I guess OP meant all the maintenance payments that were paid are in their name. They just didn;t pay all that was due.

So much for simply transferring title. (which never was a reality anyway)

Hell, I missed this whole post:

Why> ,,because originally, after my Aunt's passing, my older sister was handling the affairs. She tried to sell but had no luck. Meanwhile, she was paying for her own home and my Aunt's condo so I moved in so she wouldn't have the burden. Now, that the neighborhood is changing, I want to be able to sell and thought that since I lived here for all those years without any help from anyone of my family, there was some legal right to possession, i.e. squatter's rights, etc.?? Do I really have to go thru Probate?

So I guess this means the aunt died over 16 years ago (OP has been living in condo 16 years and per this post, did not move in to condo until after aunt died). Nothing like taking care of business in a timely fashion.

So, with this info in mind:

You have absolutely no right to claim the condo. You cannot claim adverse possession for several reasons including you cannot calim AP against a decedents estate and you lived there with somebody's permission that seemed to have the authority to allow you to stay there.

You have been paying rent for the last 16 years and that is it. You had no contract that would allow you to claim the payments aainst the mortgage. You have been a renter for the last 16 years.

You cannot even claim the payments as a debt against the estate (which often happens when a person pays debts for the estate) because you had the benefit of living there for the last 16 years so, it is rent. Now it seems your sister may have a claim against the estate if she was making the mortgage payments and did not live there.

You may want to be able to sell but it is not yours to sell and why has nobody probated this estate in over 16 years?

Hey Dandy Don. why don;t you come on back and straighten me out on this. I seem to be so confused.

 

[Hot Topic]

I was wondering how someone could just move in and say, "I paid for this, I paid for that, and so the place is mine" unless they had the legal right to do so, as in, "The estate was probated and the condo goes to me, Sis was left the Mercedes, etc., etc."

 

[sarahnds2no]

No Will

First of all, I am not claiming this Condo to be mine. The only debt the estate has is the $6k maintenance in arrears. Second, all I wanted to know was if I had any legal rights to possession since I was the only one who maintained the property for all these years (which was answered, thank you) and, lastly, if I had to go to probate (of which anyone who has an interest in the condo are willing to sign waivers releasing it to me).

Therefore, if I have this right..Probate first, get Condo changed in my name, then sell and any debts, i.e., $6k will be paid off at closing??

 

[momm2500]

just because you were paying the mortgage does not mean you own the condo. i also assume the mortgage is still in aunts name too?! did original estate go to probate and whose name is on the deed for the condo?

 

[Texas Pooh]

Therefore, if I have this right..Probate first, get Condo changed in my name, then sell and any debts, i.e., $6k will be paid off at closing

No, not all.

Probate first. All debts of the estate must paid (including $6,000 past due, and any other debts that might be out there).

If there is no cash in the estate (and I have no clue how there would be, after 16 YEARS) the condo will be sold to pay for the debt and/or you will have to pay the $6,000.

Condo (if left) can then be distributed to all of the heirs. If other heirs disclaim (refuse) their inheritance, you will end up with it if you are the sole remaining heir.