Re: OT Estate Question

Posted by Rich_WI on May 08, 2015 at 17:27:32 from (50.50.95.159):

In Reply to: OT Estate Question posted by John B. on May 07, 2015 at 19:14:07:

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They can claim anything they want, the question you should be asking is... do they have a snowballs chance in hades of winning, thats the question. Remember, we live in America, where anybody can sue anyone for anything. Thats the way the legal system is set up and thats the way lawyers like it.

So to the question, you are asking if they stand a chance of winning your parents property by just living in it. Unlikely. Simple, shortest reason is because you are ALLOWING the use of the property. For anybody to take the property away from your parents, 3 requirements have to be meet. Open, notorious and hostile have to be meet but if you ALLOW someone on the property, you kick the third leg out (the hostile leg) and the lawsuit will fall on its face. ALL 3 of the requirements must be meet, without all 3, the lawsuit cant win.

You can read mor about adverse possession on the wiki page. http://en.wikipedia.org/wiki/Adverse_possession

If you read the link above, it says Illinois (like Wisconsin) has a 20 year clock before someone could be sucessful. Think about it. Even if you didnt allow somebody in the house, they would still have to occupy the house for 20 years before they could claim it. You think thats realistic?

Now wait for everybody to start posting how they know someone that lost land to someone claiming Squatters Rights. While winning (or even filing) a claim like that is very, very rare, EVERYBODY seems to think they know someone that lost land that way. Usually a brothers neighbor had a cousin that walked by an old man on a porch that told them a story, but by gum, its TRUE (so they say).

Also, keep in mind, even though you didnt ask, others are right, once you let someone move in, they are residents of that property and to get them out, you have to file eviction on them. If you let them stay for the cost of utilities, you can get burned on that too because the utility companies usually hold the owner responcible, rather than any renter. That means it would be a better idea for the people staying there to pay your parents for the utilities and the parents make sure they keep paid up.

There are other issues that could pop up but this covers some of the big ones. See a lawyer though, this could be hairy for your parents. Hopefully John T shows up, print out his responce so you know what to read up on before you walk into a lawyers office. A lawyer will be happy to educate you and talk to you for hours but around here, a decent one starts at $350 and they go up from there. Even the idiots are expensive at around $200 an hour, educate yourself as much as you can before walking in the door.

Good luck.

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