Full question:
I've lived at this adress for nine years with my sisyer and her husband not paying anything. My sister died now her husband wants rent. when they purcased this house from my father for 1/4 the value it was agreed that I could stay here as long as I want My sister said on her death bed, you stay as long as you want. Her husband says pay or get out. Am I grandfathered In as I've been told by freinds?
- Category: Real Property
- Subcategory: Adverse Possession
- Date:
- State: Minnesota
Answer:
Adverse possession is the taking of title to real estate by possessing it for a certain period of time. Title means ownership of real estate. The person claiming title to real estate by adverse possession must have actual possession of it that is open, notorious, exclusive and adverse to the claims of other persons to the title. By its very nature, a claim of adverse possession is hostile to the claims of other persons. It cannot be hidden but must be open and notorious in order to put other persons on notice as to one’s claim for possession of the real estate.
A claim to title by adverse possession often must be made under color of title. Color of title means a claim to title by way of a fact which, although on its face appears to support a person’s claim to title, is in some way defective and falls short of actually establishing title to the real estate. An example of a claim made under color of title would be a deed whose execution was defective or is in question. Another example is a claim arising from another person’s Last Will and Testament. Yet another common example is where two or more persons have received separate deeds to the same parcel of real estate.
In Minnesota, the duration of such possession is fifteen (15) years. Title by adverse possession is not available against properly registered land. Minnesota Code §508.02; 541.01-02.
When a person dies, their assets are distributed in the probate process. If a person dies with a valid will, an executor is named to handle the distribution of the estate. The assets of the deceased will be distributed according to that will. The assets then become the property of the devisees or beneficiaries (to do with as they see fit). Similarly, if the person dies without a valid will, the court appoints an administrator to distribute the decedent's assets according to the state's laws of intestacy. In Minnesota, the surviving spouse would be first to inherit any assets of the deceased spouse.
Any claim for property believed to belong to someone other than the deceased, would require that a claim be made against the estate. A local attorney would be able to review the pertinent facts and advise what legal options are available.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
