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Ely, Counselor at Law
Category: Estate Law
Satisfied Customers: 99430
Experience:  Fully licensed attorney in Texas in private practice.
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I'm checking to see if I have any chance of contesting a will of the house I have liv

Customer Question

I'm checking to see if I have any chance of contesting a will of the house I have lived in all my life. Just before. I was raised in this house. I got married in 1975, my Fathered died . I didn't want to leave my Mother alone so my husband and I moved into the basement and was going to make it into an in-law space. That never happened, and it turns out that my husband was terrible at handling money and had us in trouble several times. I would take over the money and get it straighten out but he would sabatoge it. In the mean time I had 3 children and raised them in this house and took care of my Mother. In 1996 my husband kept pestering my Mother to take a loan out on the house to pay off our bills and he would pay her back. I had told my Mother under no cercumstances do that. But she told my rich sister and that infuriated her. So my sister took over , a power play, without my knowledge , bought the house for $12.00. I found out a couple of years later. At the time , my sis
Submitted: 6 months ago.
Category: Estate Law
Expert:  Ely replied 6 months ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. I am sorry to hear about this situation. I am sorry to say, likely there is little chance. This is because: -a sibling/child has no "right" to demand an inheritance from a parent and must take whatever is given to them in the Will (if anything);-if there is no Will, then the assets are divided by the default laws of succession. However, if the house was sold prior to you mother's passing, then it is not part of the estate to be distributed.-someone in your situation cannot claim adverse possession (squatter's rights) because an individual claiming this must have had lived in the property without permission. You lived there with permission. Ergo, adverse possession does not apply. Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty. I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

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