My mom died 11 years ago and left a mortgaged property. The family kept it so that her care taker could live there as long as she was able to live alone and pay the $501 a month mortgage plus her own utilities. There was never a lease or written agreement drawn. Just a handshake deal between her and mom's kids. She is 85 now and unable to live alone and we would like to sell the property. he has spent the winter in NY with relatives and the property in question is in Murrells Inlet SC. Her sister in law is claiming that she has rights to the property since she has made payments on it for 11 years. Any words of wisdom?
Her sister in law is mistaken. She is referring to "adverse possession" - in this case, since you KNEW (and approved) of her staying there, there was no adverse possession. She paid rent. Period. You should point out that she was a month to month tenant and that she was welcome to remain there as long as she was able. Now that she is not able, you will be selling the property THAT YOU OWN. It may help to have an attorney review the situation and write a letter on your behalf to preclude any further "claims" from the New Yorkers.
Practicing in South Carolina and Florida, in the area of Estate Planning and Elder Law, with a particular focus on Special Needs Planning for the care of disabled children and adults.
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