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    debbie46's Avatar
    debbie46 Posts: 5, Reputation: 1
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    #1

    Mar 1, 2011, 05:02 PM
    My husband just died- his family is forcing me out of our home
    My father in law died in 1999, he left no will. My husband and I moved in and began paying the property taxes. My husband passed away 4 days ago in his sleep, and before his body was even removed from our bedroom, his 5 siblings were demanding I move out immediately with my two sons. I have the deed and my father in laws death certificate and now they are demanding I give it to them. I went to legal aid and they cannot help me, the house is worth more than 65,000.00. I consulted several attorneys this morning and cannot afford one, but neither can his siblings. Not one attorney will give me my rights. I don't know where to go to find out my rights. I have no where to go, and need to know if his siblings can force my out of my home. I am considering getting restraining orders to try and keep them from coming over to demand I move, but beyond that I have no idea what to do and I am scared to death. None of the siblings can afford to pay the property taxes or the utilities, they want to immediately sell the house and divide the money. My husband was able to keep them away and they never challenged him about living here. Please can someone tell me what I need to do and what my rights are.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Mar 1, 2011, 05:28 PM
    Quote Originally Posted by debbie46 View Post
    ...I have the deed and my father in laws death certificate and now they are demanding I give it to them.
    They don't need either. The deed presumably has been recorded and if so is available to anyone who goes into the county recording office. As kin, they are entitled to their own copies of the death certificate.

    Quote Originally Posted by debbie46 View Post
    ... I ... need to know if his siblings can force my out of my home. ...
    Only if they get a court order. It appears that no one may have ever bothered to probate your father-in-law's estate. If so, and if they do so, they probably can force a sale of the home. You would be entitled to your husband's share. But all of this will take time; months or more.

    Was there any agreement, written or oral, between your husband and his siblings regarding his occupation of the house? If so, and if you can persuade the court of it, you may be entitled to stay. Maybe or maybe not.

    Quote Originally Posted by debbie46 View Post
    ... I am considering getting restraining orders to try and keep them from coming over to demand I move ...
    To get restraining orders you would have to be able to say, in many jurisdictions anyway, that you have been placed in fear that they might use force against you. Their simply asking you to leave is not enough to get a restraining order in most places.
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    debbie46 Posts: 5, Reputation: 1
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    #3

    Mar 1, 2011, 05:39 PM
    Comment on AK lawyer's post
    Thank you for responding to my question, you have been very helpful.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #4

    Mar 1, 2011, 06:25 PM
    You can do plenty without a lawyer. Go to your town hall first, county courthouse second, with all the papers you have. Have a list of what happened on what date so that you can be clear and coherent (otherwise people may say they are too busy and 'get a lawyer.') Start at the deed office. Take notes as you go.

    Many states have done away with the homestead exemption, which would allow family to continue to live in a home, but they do allow for it while the estate is going through probate. In your case it isn't clear if the estate was probated in 1999. Find that out first. It may have been, and a standard will might leave the house to all 6 children equally, and you would be entitled to your husband's sixth.

    The siblings are being foolish (never mind heartless, since we don't know the story of how and why they held off for 11 years), since it can take months for probate and months more to sell a house, and all that time they will owe property taxes and utilities. I presume that you can pay the bills and it would be good to present them with the monthly amounts, and note that they might be multiplied by 6 or more months.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Mar 1, 2011, 07:46 PM

    Ok, first whose name is on the "deed" if it is the father who died, then it needs to go to probate and will most likely be sold and the money divided, why this was not done before I don't know. Was he paying the family rent for their share or ownership of the home ?

    You may own his share of the home in probate, but you will have to deal, pay off, buy or somehow gain ownership of the home.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #6

    Mar 1, 2011, 07:54 PM
    Quote Originally Posted by joypulv View Post
    ... Many states have done away with the homestead exemption, which would allow family to continue to live in a home, but ...
    Wouldn't apply in any event. OP and her family were not the immediate family of the decedent who owned the home, but of his son.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Mar 1, 2011, 07:59 PM

    Just because you moved in and paid the taxes doesn't give you or your husband any greater interest in the property. If your husband didn't have a will, then you and your children share his 1/6 of the property (assuming that's how the father's estate was to have been split).

    This means that the other 5 siblings can force you out, but not without a court order. You don't have to give them the documents, buit that don't need them as both are a matter of public record.

    The other questions is whether they were all aware that you moved in and were paying the expenses. If this was done with their full awareness, you do have some leverage.

    Tell them that if they want you out you they have to go to court.
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    debbie46 Posts: 5, Reputation: 1
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    #8

    Mar 1, 2011, 08:48 PM
    Comment on Fr_Chuck's post
    My father in law's name is on the deed. My husband was the only one willing to pay the property taxes and keep up with repairs. The siblings never contested my husband and me living in the home. Now that he's dead everything has changed very quickly. I appreciate your help. Thank you.
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    #9

    Mar 1, 2011, 08:50 PM
    Comment on ScottGem's post
    Thank you, I found your answer to be very helpful, and encouraging.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #10

    Mar 2, 2011, 07:22 AM

    Good luck and keep us posted. We're here to help is you need more.

    There is a possibility, though slim, that a court might award you the house. Since you moved in, made repairs (find those receipts) and paid the taxes with the knowledge an non interference of the siblings, you may be able to show a judge that the property was abandoned to your husband as heir. It's a longshot and you really need an attorney to advise you on using that strategy. But its worth a shot. The worst that can happen is you and your children will be awarded a 1/6 share and the house will have to be sold but you will have time to find someplace else. The best that can happen is you are awarded the house as part of your husband's share of the estate.
    TNR889's Avatar
    TNR889 Posts: 1, Reputation: 2
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    #11

    Mar 3, 2011, 11:29 AM
    Wow, what a nightmare. I can't imagine how difficult your life is right now and my prayers go out to you. Ok, I am not a lawyer but I have had a lot of experience with possession disputes, after my grandfather died by father's brother and sister tried to prevent my mother from getting anything (my father had already died and my mother was his estate holder, and spouses were mentioned in the conveyance) I ended up learning A LOT about property law and probably could have aced a law school exam.

    I used the internet for most of my legal research, mainly because our probate lawyer wasn't the most competent person and I didn't fully trust him to come through for us. The law is all online, just scattered. Based on what I remember from my research, your situation reminds me most of adverse possession. Basically, AP means that if you possessed the land for 10 years or more, without being the true-owner or having the owner's consent, AND paid taxes, then you legally are considered the new true owner.

    I'm not asserting this definitely applies to your case, but it seems like a good argument to make if you don't find a better defense. You don't have to have a lawyer if you can construct your own claim/defense according to the law. But because the law is so extensive and complicated, lawyers are obviously a great thing to have. But don't think they are the only way to win in court.

    If you choose to go forward without legal counsel, make sure you find a law or statute that is still relevant and that you can satisfy all the elements of the claim. For instance, if you were going to assert adverse possession (AP) as your defense for why you are entitled to keep the property, you need to prove these elements: 1. that you and your husband actually resided ON the property (easy- your home is proof of that) 2. you and your husband lived there exclusively (IOW you didn't let just anyone walk onto the property and set up a tent in the yard) 3. you lived there for a continuous time of 10 years or more; 4. it was 'hostile' (doesn't mean you had to fight someone- it just means that you didn't have the owner's permission. This will be tricky for you to prove- did your father in law give you permission to reside there after his death? Even then, since he's deceased I'm not sure what the applicable rule will be); and 5. you lived there 'open and notoriously' (if the neighbor was asked, they would say that you lived there and they considered you the owner/resident) the fact that your husband's siblings knew about your living there is proof enough for step 5.

    Now, depending on what state you live in, the time in which you are required to live there is different. The base number is 10 years, but some states add more years on. I think some states require as many as 21 years. Since you've been residing there for 17 years you may have satisfied the statute in your state.

    I woud not take anything I've told you and run with it without checking my info- I literally typed all this from memory. Plus, there's all types of exceptions out there, you might have an easier time proving your right to ownership, regardless of your father-in law's deed.

    Not to mention there's pro-bono programs in most major cities that will offer you free legal aid if you prove your low income. Bar associations also have programs called 'clinics' where they help those who plan litigating without an attorney. You can call you local courthouse, they will definitely be able to direct you somewhere local that will have what you need. And in the case that you need to defend yourself in court, the state must provide you with legal aid by law. And it's a myth that public defenders are crappy lawyers, in all actuality they are the best. They often face the most bizarre claims and can't pick what they accept like a lawyer at a firm can. They are good at finding ways to bend the law to their client's favor, and many times law students intern there for experience (like my friend) so you will have quite a few resources through the DA.

    I wish you all the best, I hope that you are able to find a way to keep your home, whether legal or otherwise. Good Luck!
    debbie46's Avatar
    debbie46 Posts: 5, Reputation: 1
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    #12

    Mar 3, 2011, 11:53 AM
    Comment on TNR889's post
    Thank you for your very informative response, it has been very helpful and I believe the people who have gone through this or something very similar to this are the ones with the wealth of knowledge. I appreciate your help.

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