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I need to know if I have any legal rights to a house that my…

I need to know...

I need to know if I have any legal rights to a house that my sister owned and I have been paying. Taxes on since she died

Lawyer's Assistant: What state is your sister in? It matters because laws vary by location.

West Virginia

Lawyer's Assistant: What steps has your sister taken so far?

My sister died almost five years ago

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Her son was living in the house until he came to live with me about two years ago and he passed away Feb 14

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Answered in 2 minutes by:
3/19/2018
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 43,098
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

If you are the sole one in possession of the property and are preventing anyone else from using it, then you could legally claim it if you continue to do so for another 5 years. In West Virginia the period of time for adverse possession must be at least ten (10) years. West Virginia Common Law Code §55-2-1 That means if you use the place as your own and prevent others from claiming it, then after 10 years you can file a "quiet title" lawsuit against sister's estate and claim legal ownership of the property.

.

.

thanks

Barrister

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Customer reply replied 5 months ago
There is a ex husband that has went into the home and taking things
Customer reply replied 5 months ago
There is a ex husband that has went into the home and taking things .he says the house is his is this true ..they had been divorced for 20 years ..my sister or my nephew didn't have a will .. he has cars and house hold things that he wanted sold to pay for his and his mom's grave markers
Customer reply replied 5 months ago
I have spent all the money I have on his burial

Unfortunately, if this is the father of the son that lived with you, then when sister passed, her interest would have gone to her son as her heir. Then when the son died, if he had no children, then his parents would have inherited his interest....so since mother is already deceased, that would leave the father as the sole heir to the house..

.

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Customer reply replied 5 months ago
Even though he wasn't given the property in the divorce he got other property at that time
Customer reply replied 5 months ago
I paid the taxes the one time I didn't Brian. Lost the house I had to go buy it back pay fees and everything

I hate that he may end up with the house by default due to your sister and nephew passing, but the law is pretty specific who inherits in a situation like this..

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Customer reply replied 5 months ago
Is there anything I can do to get the money back for the taxes i paid al these years

That is the bad part... since you were under no legal obligation to pay them, the law looks at it as a gift from you to sister's estate if the house is still in her name and the ex hasn't taken any action to settle her or son's estates..

.

So you couldn't force reimbursement because this was voluntary on your part and you had no legal duty to pay them to help out your nephew.. It would essentially be the same as if you had given him the money to pay the taxes..

Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 43,098
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate
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