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Ask Barrister Your Own Question
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33180
Experience:  15 years real estate, Realtor. Landlord 26 years
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My husband and I live on his grandfathers farm my husband

Customer Question

My husband and I live on his grandfathers farm my husband has been the sole care taker or this farm since he was 13 when his parents through him out and his grandfather put him on our farm I have physically lived on the farm for almost 20 yrs myself. Almost 15 yrs ago when we had our daughter his grandpa said that since my husband and I were giving him his first actual Rendos great grand child and since Steven has been on our farm he wanted us to have the farm. In 1995 my husbands grandma was dignosed with Alzheimers and he had to have kidney surgery and gave my father in law and his siblings power of atternoy to them in case something happened to him well when he got out of the hospital he never revoked his power of atternoy well his grand mother lived for 18 yrs and the week after my husbands grandmother passed away my in laws while he was still greving paid the doctor to declaring him incompetent my husbands grandfather didn't know they had him declared incompident until he asked to change his will so that his grandson and his 4 great grandchildren would have our farm so my husband and three boys can live out grandpas dream of farming but every time he asked to have his will changed they would tell him they would put him in a nursing home the area on aging was called and one of his care takers told them that she in deed heard them tell him they'd put him in a home and they fired her shortly after and they sold his childhood home and some of our farm without his knowledge and when he found out they told him they could do anything they want to pay muiltiple women to watch him during the day and in the end over night all while limiting our contact with my husbands grandpa now my husbands grandfather has passed he passed March 21 2015 my question is since my husband has been the sole care taker of our farm can we claim squatters rights cause they are now telling us to leave and surveying. Our farm to cut it up they also had my husbands grandfathers home in which they sold to my husbands aunt and uncle my father in law also called the local cattle auction and told my husband that they would be there on a certain day to pick up our cows so my husband and I had to get rid of all our cows except for a bull we were planning on using to breed if we had to restart our herd do we have any rights or should we cut our loses and look for another home for me and my 4 children
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  Barrister replied 5 months ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question..Can you tell me what state this is in?.Was the farm deed in grandfather's name?.Were you living there with the permission of grandfather?.Did grandfather have a will when he passed leaving his estate to husband or the great grandchildren?.Who is taking action to sell the farm? the siblings?..thanksBarrister
Customer: replied 5 months ago.
We live in Pennsylvania. The deed was in his name.yes we did live there with his permission. We were not allowed to know what his will said but we believe it was left to just his dad aunt and uncle and my father in law ha been the only one who we've seen that has been having our farm surveyed and is now telling us he's ripping down our buildings
Expert:  Barrister replied 5 months ago.
we did live there with his permission.Ok, then unfortunately, that eliminates any potential claim through "adverse possession" (i.e. squatters rights) because in order to do so in PA a person must actually be a trespasser on the land and use it without permission for at least twenty-one (21) years. Pennsylvania Code §42-5530..So legally, you would be considered month to month tenants on the property and your tenancy could be terminated with a written 30 day notice. If you didn't move within that notice period, then the representative of the estate would have to file a formal eviction action in court to get an order to force you to move..If there was a will, then it would be filed in the local probate court and is a public document. That means that anyone can get a copy of the case file and the will. So it would be a good idea to check with the court to see if a probate case had been filed and if an executor had been appointed..If the father in law is not the legal executor of the estate, then he has no authority to do anything and you can prevent him from coming on the property and call the police if he does. So you really need to find out if a probate case has been filed and who the executor is if one has because you can prevent anyone else from being on the property and only that person could move to evict you...thanksBarrister

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