Re: Claimed Home and Property As Own Without Consent or Knowledge of Other Heirs
).person B doesn't need anybody's approval to live in the house.
Person A died and owned 3/4 of property that Person B lived in. Person B and 2 others owned the other 1/4 of property (one of other 1/4 owners had knowledge and approved of person B's action, 3rd party of 1/4 ownership knew nothing
It is not person B's responsibility to do so
Person B has lived there 10 years without informing Person A's legal heirs of their ownership.
Now, unless there has been a probate opened, here is where things go wrong.
.Person B has disposed of Assets belonging to all heirs and kept all money.
A's heirs cannot sell B's interest.
Person A's heirs have just filed lawsuit to sell property and divide proceeds, also have asked that a particular asset that they have proof of that sold and the amount sold for, be accounted for and divided.
has anybody opened probate? Was there a will? How was title to the property held (joint, tenants in common)?
you already said he is on the title. He already owns part of the residence. If you are asking about adverse possession, no because his possession was not adverse, he has a title interest in the property.
1) Can person B make any claim to ownership because of length of time involved? Person B paid taxes and repairs.
2) Could Person A's relatives sue for back rent? If so, how many years could they sue for?
.No idea. I would have to guess you meant was supposed to go to person A. If B forged A's name, then he committed a crime
3) There was a government payoff that person B received by claiming they were entitled to it. Could person B be prosecuted for this if it were brought up in court. (As of right now plaintiffs have not mentioned this.) The total amount would be over $500
don't know what crime we are speaking of yet
4) How much trouble could person B be in?
defense of what? stealing the money? Not too many defenses to stealing that I know of.
5) Are there any legal claims Person B could make in defense?
No and as I said before, A's heirs cannot sell B's interest. B and the other two will continue to retain their cumulative 1/4 share of the property.
6) Person B still lives at property. Can heirs of Person A force Person B to leave before property is sold if they have no where to go?
7) Person B has to respond to lawsuit in less than 2 weeks. Are there any legal loopholes that person B can use to keep and retain the property free and clear?
I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.