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Abandoned Property
How can my mom reclaim land sold to a friend over 25 years ago?

How can my mom reclaim land sold to a friend over 25 years ago?

Q: Can you homestead on 10 acres?

In many states, you can apply for a homestead exemption on up to 10 acres of land, but the specific rules vary. Generally, the land must be your primary residence. Check your state's homestead laws to understand eligibility criteria and any limitations on the size of the property.

Q: Can an executor decide who gets what if there is no will?

If there is no will, the executor cannot unilaterally decide who gets what. Instead, the estate will be distributed according to state intestacy laws. The executor's role is to follow these laws and ensure that assets are distributed fairly among the heirs. Consulting with a probate attorney can help clarify the process.

Q: What do I do if my mom didn't have a will?

If your mom passed away without a will, her estate will go through probate. You should file for probate in your local court. The court will appoint an administrator to manage the estate and distribute assets according to state intestacy laws. It's advisable to consult with a probate attorney for guidance through this process.

Full question:

My Mom owned 10 acres of land and sold 5 of those to a friend. Over 25 years have passed and the friend has never been back to the land, never paid the taxes and never contacted my mom. How does my mom get her off of the property that they have been dwelling on for over 25 years? Is there a squatters law?

Category: Abandoned Property
Date: 04/07/2025
State: National

Answer:

Adverse possession allows someone to claim ownership of land after occupying it for a certain period, which varies by state. To establish adverse possession, the occupying party must demonstrate that their possession is actual, open, notorious, exclusive, continuous, and hostile, giving the original owner a chance to reclaim the property.

In general, payment of property taxes and making improvements can support a claim of adverse possession. However, if the friend has not paid taxes or made improvements, it weakens their claim. If your mom wishes to reclaim her land, she may need to file a legal action to quiet title, which formally challenges the friend's claim.

In Oregon, for example, a party claiming adverse possession must prove continuous and hostile possession for ten years, along with an honest belief that they owned the property (ORS 105.620). The burden of proof is on the party claiming adverse possession, and they must provide clear and convincing evidence of their claim.

It's advisable for your mom to consult with a local attorney to understand her options and the specific laws that apply in her state.

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.

FAQs

How to sell a deceased parents house without a will?

If your parent passed away without a will, the house will typically go through probate. The court will appoint an administrator to manage the estate. The property can be sold, but the proceeds must be distributed according to state intestacy laws. This usually means the assets go to the closest relatives. It's advisable to consult with a probate attorney to navigate the process and ensure compliance with state laws.

Can you homestead on 10 acres?

Can an executor decide who gets what if there is no will?

What do I do if my mom didn't have a will?

What are the negatives of not having a will?

Not having a will can lead to complications such as delays in asset distribution, increased legal costs, and potential disputes among heirs. The state will determine how your assets are distributed, which may not align with your wishes. Additionally, without a will, you lose the ability to appoint guardians for minor children. It's generally advisable to create a will to ensure your wishes are honored.

What to do if my mom didn't have a will?

If your mom didn't have a will, the first step is to file for probate in your local court. The court will oversee the distribution of her assets according to state intestacy laws. You may need to gather important documents and possibly hire a probate attorney to assist with the process and ensure compliance with legal requirements.