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BillThornton · Feb 7, 2014, 03:02 PM

Hi- I live in a townhouse in New Jersey ,I have been here for over 10 years, I have never had a lease,or made rent payments, the property belonged to my mother, when she passed it went to her estate- now the executor has made me an offer that I can buy the townhouse. However I can't afford it.. can I claim squatters rights?
If so what do I need to do?

joypulv · Feb 7, 2014, 03:28 PM

No, there's no such thing as squatter's rights.
Can we assume that your mother didn't die over 10 years ago, but just recently?
And that you are not the only heir?
And that there is a will?
The terms of her will determine the disposition of the condo. It is in your interest to read it.
It is fairly normal for one child to buy the others out, or to pay the estate, as part of dividing it up. If you can't afford to buy it (or the shares that you didn't inherit), then you have to move, or possibly rent until it is sold.
If you can tell us details of the will and of siblings, and of the rest of the estate, maybe we can give better advice.

ma0641 · Feb 7, 2014, 03:34 PM

What does her will say regarding distribution of the estate. Who is the executor?

ScottGem · Feb 7, 2014, 05:04 PM

No, you can't claim squatter rights since they don't exist, you can't even claim adverse possession since you were living there with the permission of the owner so your possession was not hostile.

You are leaving a lot out here. I would assume that your mother left you some part of the townhouse in her will. But there were other heirs. So the executor is probably suggesting you buy out the other heirs.

To help you further we need to know more about your mother's estate.

I'm also wondering what you did with the money you saved on rent for the last 10 years.

BillThornton · Feb 7, 2014, 05:32 PM

my mothers will stated that all real estate be sold and divided equally- it is just me and my brother, my brother was named executor, I have not seen him in 8 years,
my mother had a house in the Pocono's where she moved to years ago after moving from the townhouse when she retired.. I have 2 sons that used to live here with me, that's where the money went-towards college among other things. My moms agreement was take care of the unit and she'd help me out. I was permanently disabled in a car accident.. my brother is asking full market value for the property, not sure if he is just showing resentment towards me,or just looking to make some money. Didn't know if I could claim squatters rights

smoothy · Feb 7, 2014, 05:46 PM

Its not resentment... he's entitled to half of its current market value... and probibly to be reimbursed for half of the taxes he's paid since then... as you would have owed him 1/2 of that being half owner.

Sorry, but disability and other life issues such as bad luck aren't an etitlement at someone else's expense. If you can't pay him that money... he can force a partition sale and you will eventually be evicted by the new owners.

Sorry, but why don't you get your two sons to help you out here with the money? He did offer you first shot at it. He really didn't HAVE to do that.

ScottGem · Feb 7, 2014, 06:01 PM

Ok lets look at this. All real estate was to be divided equally. You mention 2 properties. Lets say they are the only 2. Lets say the NJ townhouse is valued at $500K and the Pocono property at $250K. So that means you already own 250K of the townhouse plus $125K of the Pocono property. That would mean you would only have to get a mortgage for $125K to buy the townhouse. And you shouldn't have a problem getting a mortgage for 25% of the property.

What about the rest of the estate? Were then any other assets that you will share in that you can use to help pay for the townhouse?

Fr_Chuck · Feb 7, 2014, 07:42 PM

As noted, first there is no such thing as a squatters right, this came from some rules of 200 years ago, but have no bearing today. There are some laws but not in your case.

The issue is the value of the estate, the property will be sold but you will get 1/2 the value of both estates. You are entitled to 1/2 the value of the one property, but owe 1/2 the value of your property.

if both properties were equal value, it should just equal.

if you can tell us the values of both properties, it may help.

joypulv · Feb 8, 2014, 03:32 AM

Laws (IRS) state that you cannot pay less than appraised value at the time of death, and it must be done by formal appraisal, unless you are willing to pay a very steep 'gift tax' on the difference. So most people pay the appraised value. If she died when prices were lower, then you pay the lower price.
I see no reason why you can't work out a way to buy the condo, given that you are splitting two properties two ways. Your brother might even be willing to write you a small mortgage on any small difference.
If your mother could afford two homes, I assume that she left money too. Is that the money you spent on your sons? You are still sort of vague.
I'm sorry that you didn't think about all of this, and plan.
If your sons lived with you, then you have room for roommates? There's some income to pay a small mortgage.
Look into a waiting list for disabled housing. But you will get half the sale price of the condo, so that will have to wait.

(As for your brother being greedy? Not so, as I explained, but why should he support you anyway? And you get half, so what's this resentment all about?)

ScottGem · Feb 8, 2014, 06:04 AM

You said the will said all real estate be sold. Did it really specify that? If so, then your brother is required to sell the property. But you should get half the proceeds. So you may be able to take a short term loan to cover what you get back.

The point is there are a lot of options here and if you give us more details we can suggest some of them for you to pursue.

AK lawyer · Feb 8, 2014, 08:11 AM

As noted, there are several unanswered questions.
1. What is the equity in the Pocono property and in the property in which OP lives?
2. Why has the brother waited ten years to wind up the estate?

ScottGem · Feb 8, 2014, 01:06 PM

Re point 2. I don't think the mother has been deceased for 10 years. The OP said he has lived there for 10 years. He had an agreement with mom to live there rent free and take care of the property.

The original question has been answered here. The OP has no right to remain in the property unless he buys it from the estate. However, given that the OP is also an heir to the estate, the actual amount of cash he will need to layout should be much less than the actual market value the executor is setting. There are a number of alternatives available to the OP but we need more info to discuss them.