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Roger
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 26143
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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My parents have moved into a senior independent facility.

Resolved Question:

My parents have moved into a senior independent facility. They own their home in town free and clear. My father's wife's son and his wife recently moved into the house with the idea that they would assist with the liquidation of possessions and sale of the house. They are now saying to my father that they would like to become the "caretakers" of the house, and my father would not have to sell it. (they would live there rent free).
The house is in a trust, and would not have to be sold until the wife's death (this could be as long as 15 years from now). If they stayed in the house as "caretakers", would they have squatter's rights when it came time to sell the house???
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Roger replied 11 months ago.
Hi - my name is XXXXX XXXXX I'm a Real Estate litigation attorney. Thanks for requesting me!

No, their occupation of the house should never develop into adverse possession / squatter's rights becuse acquiring an interest under this legal theory requires that the property be occupied WITHOUT the true owner's permission. Since the trust/owner is granting permission for them to live there as caretakers, they wouldn't acquire an ownership interest by adverse possession / squatter's rights.

Thanks for allowing me to assist you. If you have any additional questions, please don't hesitate to ask.
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 26143
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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