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 allows a person to claim ownership of real estate after possessing it for a certain period. To succeed, the possession must be actual, open, notorious, exclusive, and hostile to others' claims. This means it cannot be hidden and must be obvious to others.
In Minnesota, the required duration for adverse possession is fifteen years (Minnesota Code § 508.02; 541.01-02). However, this claim is not applicable to properly registered land.
When someone dies, their assets go through probate. If there is a valid will, an executor distributes the estate according to the will. If there is no will, the court appoints an administrator to distribute the assets based on state intestacy laws. In Minnesota, the surviving spouse is first in line to inherit the deceased spouse's assets.
If you believe you have a claim to the property, you may need to make a claim against the estate. Consulting a local attorney can help you understand your legal options.
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.