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Old Yesterday, 07:45 PM
 
Location: San Francisco Bay Area
4,870 posts, read 2,655,790 times
Reputation: 9601

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What state is this and who has been paying the property taxes?

The sister, if she lived there for so many years and paid property taxes, may have established "squatter's rights," legally called "adverse possession."

https://definitions.uslegal.com/s/squatters-rights/

OP, have you discussed this with an attorney?
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Old Yesterday, 09:37 PM
 
29 posts, read 3,041 times
Reputation: 19
Quote:
Originally Posted by Rakin View Post
Settle this soon or if some of the siblings die and they pass it to their kids you'll never get it settled.

Eight becomes 20 to deal with.
We are getting to that point . My older siblings are very upset because they have a shorter lifespan. They really want it sold ASAP before they pass away. They are unable to enjoy what our parents left us because of one person.
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Old Yesterday, 09:40 PM
 
29 posts, read 3,041 times
Reputation: 19
Quote:
Originally Posted by SFBayBoomer View Post
What state is this and who has been paying the property taxes?

The sister, if she lived there for so many years and paid property taxes, may have established "squatter's rights," legally called "adverse possession."

https://definitions.uslegal.com/s/squatters-rights/

OP, have you discussed this with an attorney?
I would rather not say what state. If my siblings find out Iíve been sharing personal info on the internet they will have a fit. No one has mentioned adverse possession or squatters rights in my family yet . I donít think she would do that.
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Old Yesterday, 09:42 PM
 
Location: Brackenwood
3,649 posts, read 1,447,385 times
Reputation: 7667
Quote:
Originally Posted by Roadrun1 View Post
We are getting to that point . My older siblings are very upset because they have a shorter lifespan. They really want it sold ASAP before they pass away. They are unable to enjoy what our parents left us because of one person.
No, they are unable to enjoy what your parents left you because they've acquiesced to your older sister for a freaking DECADE now. It's time to start shouldering some responsibility for getting this done. Enough of "we're getting to that point." Either BE at that point, NOW, or just concede to your oldest sister's schemes and wash your hands of it. Ten years of hand-wringing is at least 9 years and 6 months too much of it.
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Old Yesterday, 10:01 PM
 
29 posts, read 3,041 times
Reputation: 19
Quote:
Originally Posted by Bitey View Post
No, they are unable to enjoy what your parents left you because they've acquiesced to your older sister for a freaking DECADE now. It's time to start shouldering some responsibility for getting this done. Enough of "we're getting to that point." Either BE at that point, NOW, or just concede to your oldest sister's schemes and wash your hands of it. Ten years of hand-wringing is at least 9 years and 6 months too much of it.
We are at the point but it is difficult. We are to blame for allowing her to get away with this. We demanded the sale but we were blocked by her. At this point we will need to hire an estate lawyer to walk us thru probate. We thought it could be resolved without a lawyer but we were wrong .

Last edited by Roadrun1; Yesterday at 10:21 PM..
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Old Yesterday, 10:42 PM
 
Location: SoCal, but itching to relocate
341 posts, read 216,780 times
Reputation: 364
Quote:
Originally Posted by Roadrun1 View Post
We are at the point but it is difficult. We are to blame for allowing her to get away with this. We demanded the sale but we were blocked by her. At this point we will need to hire an estate lawyer to walk us thru probate. We thought it could be resolved without a lawyer but we were wrong .
Now that I've read 8 pages of posts, I'm extra curious to find out how this works out. Be sure to post, especially since so many have generously shared their knowledge (and opnions! ).
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Old Yesterday, 11:37 PM
 
Location: San Francisco Bay Area
4,870 posts, read 2,655,790 times
Reputation: 9601
Quote:
Originally Posted by Roadrun1 View Post
I would rather not say what state. If my siblings find out Iíve been sharing personal info on the internet they will have a fit. No one has mentioned adverse possession or squatters rights in my family yet . I donít think she would do that.
Did she pay the property taxes or not?
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Old Today, 01:26 AM
 
Location: Brackenwood
3,649 posts, read 1,447,385 times
Reputation: 7667
Quote:
Originally Posted by Roadrun1 View Post
We are at the point but it is difficult. We are to blame for allowing her to get away with this. We demanded the sale but we were blocked by her. At this point we will need to hire an estate lawyer to walk us thru probate. We thought it could be resolved without a lawyer but we were wrong .
Unfortunately inheritance squabbles are always difficult and (almost) always need a lawyer.. You and the rest of the siblings need to get on it, pronto. Good luck to all of you.
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Old Today, 03:03 AM
 
822 posts, read 247,431 times
Reputation: 2950
Quote:
Originally Posted by Bitey View Post
Unfortunately inheritance squabbles are always difficult and (almost) always need a lawyer.. You and the rest of the siblings need to get on it, pronto. Good luck to all of you.
Please allow me to double down on Bitey's advice, he/she had it correct eight pages ago; your sister has violated her duties as Executor and needs to be replaced by the Court as soon as possible. Her reluctance to disclose information is a major red flag for me - until she is replaced you can't even be sure of the facts of the case (whether she took out loans on the property, whether the taxes are paid up to date, or whether the property is even insured at this point). The OP and siblings need a competent Lawyer YESTERDAY to begin resolving this. Especially if the sister living in the property hires her own attorney to fight replacement, if only as a stalling move.

They say, "You don't know a person's character until you split an inheritance with them". Unfortunately, this does not speak well toward the sister's moral compass, she sees the property as "hers" because she has lived there so long. Good luck on this.
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Old Today, 03:05 AM
 
7,328 posts, read 4,050,178 times
Reputation: 15501
I almost hate to ask but if the house is truly not a part of the estate, having been transferred to all the siblings prior to the death of the parents, and the particular sister living there is the executor of the estate, what terms of the will are not being addressed and how would that affect division of other assets? Are there other assets yet to be divided that may allow for a more satisfying arrangement for all involved?
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