Question about Adverse Possesion or Homestead Principle

[isis297]

What is the name of your state? MD

We found out my great grandmother's house wasn't probated when she died in 1978. According to current MD Intestacy Law, we understand that the house's value is supposed to be split between my grandmother's estate (my mom and aunt) and a great aunt's who died 10 years before. That was the last time my family heard from the great aunt's two sons who would be inheriting the other half.

This matter has been hard enough on my family as it is because while we understand the legality of it, morally we don't feel it's right because they disowned us 38 years ago. We gave up the fight until they started saying they wanted 28 years of back rent now too in addition to their half! We've been researching to find out what we can about the situation that maybe we had overlooked before as our lawyer simply says they are "entitled" to whatever they ask for and we need to "just give it to them".

I thought that our case may fall under adverse possession or homestead principle because my grandmother openly maintained that we claimed the house for the past 28 years, living there, paying the taxes, maintenance, etc. plus they knew when their grandmother died and yet they never came forward to see if they were due anything. (One thing I read said that owners give up their rights by being complacent.)

If this is not a case for either, is there a statute of limitations on the back rent they can demand?

 

[nextwife]

So are you saying your immediate family simply proceeded to RESIDE in the decedant's property for decades without doing anything about probate?

 

[isis297]

Yes, nobody put the house through probate. My grandmother, great uncle, aunt and uncle permanently lived with my great grandmother for years before she died taking care of her. They continued to live there after she died in 1978. My great uncle died in 1981. My grandmother died in 2004. My aunt and uncle (brother and sister) still live there. My grandmother continued paying the taxes and insurance on the house until she died and my mom has been paying it since while we get this matter worked out.

My mom found out what a mess she was in for once she started trying to take care of my grandmother's estate. I guess questions were never raised before because we are all the family that's left. I'm almost 33 and I don't even know who these cousins are because they disowned my family so long ago! They never came to pay respects to my great grandmother or to find out if they were due anything.

 

[seniorjudge]

Based solely on your facts, this is not a case of adverse possession.

They own an interest in the place.

You will need a court to decide who gets what.

 

[isis297]

Ok, thanks SeniorJudge. We were just wondering.