i built a house on my fathers land 25 years ago...i was suspose to be willed 2 3/4 acres...we have paid personal property taxes and utilities to the address for all this time...my father is now in a nursing home...most of the time he doesn't even know where he is...he has no idea where the will is...this is in arkansas..i don't know if the state can take this away from me if my father dies owing medicad...please someone help
2007-01-03 10:42:54 · 4 answers · asked by toni r 1 in Business & Finance ➔ Renting & Real Estate
We touched on this briefly in a college law class, and I'm in Texas so things could be pretty different. It's pretty involved and you have to do more than just live on it. Basically squatter's rights says that if you fence it, get mail at it, and pay taxes on it for at least 5 years and preferably 7 years, it is your's. If you've not done all of that, you're SOL. I don't remember what is involved with getting that legalized though. If you've done all that for 25 years, I'm sure you can claim it, but you're going to need a good attorney experienced in such things. The state sure won't hand it over without a fight. Your best bet it seems to me is to get power of attorney assigned to you and FAST, before you find yourself being evicted and nose deep in a legal battle with the state.
2007-01-03 10:46:18 · answer #1 · answered by Jadalina 5 · 0⤊ 0⤋
GET A LAWYER immediately. Property will pass through intestate succession if there is no will. Don not rely on squatters rights. Spend the money for a lawyer now before he dies and everything gets messed up.
2007-01-03 18:46:30 · answer #2 · answered by urrrp 6 · 1⤊ 0⤋
You need to get Power Of Attorney over your father's estate first. Then you should be able to handle all his financial & real estate affairs. You may have to sell off some of it to pay his bills after he dies, but you'll end up with some which is better than none.
I think. Talk to an attorney to be sure.
2007-01-03 18:46:54 · answer #3 · answered by Anonymous · 0⤊ 0⤋
You need a clear title and a deed. If not, then you are a "squatter" and the land may be sold or deeded by the court to someone else and your house will either be seized, sold, or destroyed.
Holding the title in real estate means EVERYTHING!!!
2007-01-03 18:45:21 · answer #4 · answered by infobrokernate 6 · 0⤊ 0⤋