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emrld
03-27-2006, 01:13 PM
My mother lived in a home for 23 yrs, she left hers to take care of her aunt who later passed away. This is in New Jersey. My question is, My mother lived in this house for 23 yrs, paid all taxes and any other bills-water, gas and electric etc (with my help and my daughters). She also put a new roof on the house, flooring, upgraded the bathroom, waterheater and basically all the maintanance on the house, also with my help and my daughters. The house belonged to her father, she has other brothers and sisters and I understand that if any are deceased then its passed down to siblings. She passed away last yr 05. I have helped her pay taxes and currently paying the taxes now and water bill and gas and electric. No one is in the house. Now the brothers and sisters want to sell it and split the profit. None of them have ever helped with the house or expressed that they wanted it. They still have not helped pay the taxes or any other maintanance on the home. It was understood that the house would go to me, my mother left no will, she died suddenly. Can I go to court and use the easement by prescription and get the deed changed to my name???? My mothers father (my grandfather) passed away a very long time ago and never lived in the house.

lwpat
03-28-2006, 06:49 PM
You need to make an appointment with the probate court. The house cannot be sold until you probate your Grandfather's estate.

emrld
03-30-2006, 11:54 AM
If I do that would the fact that we have been paying taxes and etc help any?

lwpat
03-31-2006, 01:44 PM
It's not going to hurt but it may not help much. It is very hard to get adverse possession against a family member since it is assumed they are letting you live there with permission.

elklaw
04-06-2006, 06:45 AM
Easement by prescription- why would you have that and what does it have to do with a deed? Unless this is land where your Mom has her own home on it, what you are saying makes no sense.
Your Mom took care of the home. Well, your Mom's kids are her heirs so would be entitled to her share as a sibling, so what it sounds like you need to do is ask for receipt of Mom's share of the home and reimbursement of her costs for caring for the hom that you can prove with receipts or permits. That would mean that your Mom's kids should pursue: 1) her claim to ownership of a partial share in the home and 2) reimbursement of costs that she paid for upkeep of the home over the years based on a quantum meruit theory. You may need to go to court and get some kind of declaratory judgment or if you have administration letters, then you should make sure that you retain those to place a lien (likely some kind of lien by the estate of your mother) against the property for the amount of money that your Mom spent maintaining the home to ensure payment and to ensure there is no unjust enrichment by siblings. You may also need to make a lien against the property to receive your mother's share of the property in terms of its sales price since she is a sibling and a member of the class who should get a share of any sales proceeds. I suggest that you consult an attorney asap.

emrld
04-13-2006, 09:18 AM
Thanks for the info...I did get a real estate lawyer

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