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I live in WV my dad died 1997 no will my mom 85 lossing memory

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she lives with sister 8+yrs...
I live in WV my dad died 1997 no will my mom 85 lossing memory she lives with sister 8+yrs now have 1 brother. Itook care of dad and help with mom brother never has helped either one I'm disabled MY ? is i'm only 1 living in home how long before I can homestead ?
Submitted: 4 years ago.Category: Estate Law
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4/26/2013
Estate Lawyer: Law Educator, Esq., Attorney replied 4 years ago
Law Educator, Esq.
Category: Estate Law
Satisfied Customers: 119,596
Experience: Experienced in Trust and Succession Law, including Louisiana Laws
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Thank you for your question. I look forward to working with you to provide you the information you are seeking.

In order to claim a homestead in the property, you must be living there without the consent of the owner for a period of 10 years. See: WV Code 55-2-1,3. In order to prove adverse possession you must be using the property openly and notoriously and against the right of the true owner. While you can meet the first two requirements, if you are living there with knowledge and consent of the owner of the property, you could not claim a homestead right as the WV law would not allow you to do so I am afraid.



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