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Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 3170
Experience:  Wills, Trusts, Probate & other Estate Matters
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Second opinion] An elderly lady that I'm not related to has

Customer Question

Second opinion] 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: 8 months ago.
Category: Estate Law
Customer: replied 8 months ago.
Also the taxes are due. If I pay that will that help me in obtaining/ claiming this house ?
Expert:  Infolawyer replied 8 months ago.

Hello and welcome. I am working on your answer and will be right back!

Expert:  Infolawyer replied 8 months ago.

You cannot get the house unless the elderly lady gave it to you by gift or will, or if nursing home settles with you to have some debt paid and house released, and her estate is not claiming the house. You need to work with the cousin on this issue. Normally as a non relative you cannot probate unless no one else seeks to do it and no one objects within the family. You may want to find out if the house has equity and size of debts and mortgage, since the debts may exceed the equity.

Customer: replied 8 months ago.
As I stated no one is pronating they don't want it. I'm not satisfied with the answers I'm getting in here. Seems like I know more than y'all do.
Customer: replied 8 months ago.
There's no mortgage it's kinda run down so no equity. I tried working with her she wants nothing to do with the house. And you pretty much told kinda what I told you
Expert:  Infolawyer replied 8 months ago.

You do not have rights to the house from the facts you mentioned unless the heirs decide it to give it to you.

Expert:  Infolawyer replied 8 months ago.

Lender and creditors would have priority over her direct heirs who have priority over you. Your friendship/occupancy do not translate into rights in the property.

Expert:  Infolawyer replied 8 months ago.

Is the answer acceptable?

Expert:  Infolawyer replied 8 months ago.

I realize its not what you want to hear but adverse possession would not apply here, and there is no title vested in you.

Expert:  Infolawyer replied 8 months ago.

adverse possession is a rare theory which applies to occupancy for 10 years without consent in property