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Irwin Law
Irwin Law, Attorney
Category: Estate Law
Satisfied Customers: 7236
Experience:  30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters
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An elderly lady that I'm not related to has died. She never

Customer Question

Hey! An elderly lady that I'm not related to has died. She never been married and has no kids. She left her cousin in charge of her and she got her house when she died. I've been wanting this house for a year now, but the woman didn't know if she could sell it, and she's old so she's not gonna listen or believe what I say about anything. So the woman dies and owes the nursing home $20,500. So the cousin is not even going to probate it, she's giving this house to the nursing home. Can I probate it ? Can I take it through adverse possession ? Where do I get a Title Of Color ? Do you think if I paid the nursing home I could get the house ? Thanks !
Submitted: 4 months ago.
Category: Estate Law
Customer: replied 4 months ago.
Also the taxes have not been paid and are due in a few days. What if I pay the taxes ? Would it increase my chances of obtaining this house ?
Expert:  Irwin Law replied 4 months ago.

Good morning and thanks for contacting Just Answer. The only person who can transfer title to the house is the administrator of the owner's estate. You might approach the nursing home with an offer to buy their account and take an assignment of it. As a creditor you can petition the probate court to appoint an administrator of the estate to sell the property. Then you could use the debt to purchase it; however, the court may order a public sale and you may end up in a bidding contest for the home. Paying the taxes will not transfer title, but if the taxes are not paid for a long enough time, the home will be put up for tax sale where you can bid for it against other people.

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Customer: replied 4 months ago.
I know paying the taxes won't transfer the title. I want to move into the house, squatters rights. Possession is 9/10 of the law.
Customer: replied 4 months ago.
I'm not sure that's it's been legally handed over to the nursing home yet anyway
Customer: replied 4 months ago.
Where or how can I get a title of color ?
Expert:  Irwin Law replied 4 months ago.

I have offered a phone consultation for more detailed discussion. Here are the basics of adverse possession in S. Carolina.

As in most states, adverse possession in South Carolina is established from the nature of a trespasser’s possession and the length of time the person possesses the land.

A trespasser’s possession must be (i) hostile (against the right of the true owner and without permission); (ii) actual (exercising control over the property); (iii) exclusive (in the possession of the trespasser alone); (iv) open and notorious (using the property as the real owner would, without hiding his or her occupancy); and (v) continuous for the statutory period (which is ten years in South Carolina, under S.C. Code Ann. § 15-67-210).

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Expert:  Irwin Law replied 4 months ago.

Hello again. I hope that I have provided excellent service and, if so, would love a 5 star rating. If not, please let me know how I can further assist you. There is no additional charge to you for rating me. A bonus is not required, but is always appreciated.

Thanks again for using JUST ANSWER.

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