Posted on 11/05/2021 8:56:44 PM PDT by the OlLine Rebel
Asking any lawyers /attorneys or paralegals, or anyone with some knowledge of legal affairs.
This is in MD, so of course can be dependent on exact laws.
Please see the post.
My mom is the sole remaining owner since dad died.
For probably some 2 decades, she and my dad let their cleaning lady use their address. Basically for cheap car insurance, because otherwise it would be “in the hood” and since she’s poor…we’ll, you get the idea.
Thing is just about everything is showing up at moms house. And her daughter’s things are too.
My big concern is that she might try to use this as a “squatting” type excuse to take the house on her death.
One thing I’m thinking could help is that my cousin actually lives in the house, and has for that long as well, whereas she is “fake”.
As I said, LLOOONNG story. I’m trying to be brief.
Any wisdom on keeping this from being a sticky situation for the estate?
Um...a lawyer?
A lawyer could tell you the legalities of moving their stuff out, and telling the people using the address that they can’t anymore.
(I know a lot of people here hate lawyers - but when you need a good one, they’re invaluable.)
By allowing her to use your mom’s address your mom was committing insurance fraud for starters.
You need to go to lawyer and police pronto and nip this in the bud.
Do not try to cover anything up...as in politics the cover up is worse than the crime.
Whose name is on the title of the house?
Get another name on the deed. That way when she passes, the ownership will transfer directly to that person—it never goes into the estate.
Get another name on the deed. That way when she passes, the ownership will transfer directly to that person—it never goes into the estate.
Apparently, my dad “and wife”.
Oh indeed. I wanted to get mine on just to ease the estate issues as it is.
I am aware of that. But, see post #3.
Now do you have an idea why I might not just want to head to a local lawyer?
I am aware of that. But, see post #3.
Now do you have an idea why I might not just want to head to a local lawyer?
If you allow her to live there for long enough she can indeed claim ownership of the property under adverse possession laws. Make her sign a lease that says she will pay rent or perform some service of value in exchange for her continued use of the address. And get her daughter’s belongings out ASAP.
IF she gives you problems tell her you will turn her into the police for insurance fraud.
Well, offhand, I think post 3 told you exactly what you need to know.
I don’t think there’s any way to squirrel out of this.
Your advice is great.
Especially if you want to pay tens of thousands of extra dollars in Capital Gains Taxes.
Insurance fraud is a major felony but they will not be sending your mom to the big house
Go see a lawyer pronto.
Insurance fraud is a major felony but they will not be sending your mom to the big house
Go see a lawyer pronto.
In theory the cleaning lady might try to put in a claim on the estate for services rendered.
My aunt had a lawn guy who didn’t bill regularly. He put in a claim for $1700 which the estate paid. The guy had debt problems so I don’t think he let himself not get paid for about a year before she died.
Adverse possession has to be for a long time. I also think it has to be exclusive.
Consultation with a lawyer is indicated.
That is the worst advice I have ever read.
OFR needs to get this family out of their life, house, everything and do it by the law
No more continuing for her to use the address. That stops immediately.
Does the cleaning lady have keys to the locks or security code? If so change them tomorrow
Completely wrong. If you “allow” someone to use property, it is not adverse. There may be a tenancy created which would require eviction. But permissive use is an absolute defense to adverse possession. Among other things, AP must be hostile and exclusive.
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