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Any rights to claim house in estate?
I lived in 2-family 23 years. Landlord died. House not willed to anyone. The will says executor may do as he sees best. Might have some chance of buying my home. Are there any loopholes, exceptions, prior cases that may allow me to obtain my home? (at no cost?) I know if someone has access to land for some time, the space can be declared shared or have a legal right-of-way. (I know, not the legal terms). Can adverse possession be used here? Are there any other possibilities? I have history, memories and roots here. Would love to stay. House is in Syracuse, NY. Onondaga County
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Your odds of getting it free of charge are exceptionally remote... you were only a renter.
In many locations of the country the property will be seized by the locality and auctioned off. Was this a court appointed executor? As there was no will? Did they have any living family including brothers, sisters, nieces, nephews etc? If so they would be due a share of its fair market value under probate...which would mandate an auction. |
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It's unusual for a will to tell an executor to do what he wants. Who is that person? That's the person you want to ask about continuing to rent, or about buying, or some creative financing like rent to own.
Adverse possession has to be 'adverse' - that means hostile, or openly against the right to do so, such as driving across an edge of a property to get to your house. It usually applies to land use. It almost never applies to occupying a building. |
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