Claimed Home and Property As Own Without Consent or Knowledge of Other Heirs

[imbngsud]

My question involves estate proceedings in the state of: KY

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). Person B has lived there 10 years without informing Person A's legal heirs of their ownership. Person B has disposed of Assets belonging to all heirs and kept all money. 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.
Questions?
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?
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.
4) How much trouble could person B be in?
5) Are there any legal claims Person B could make in defense?
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?

Any help would be appreciated.

[jk]

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

).person B doesn't need anybody's approval to live in the house.

Person B has lived there 10 years without informing Person A's legal heirs of their ownership.

It is not person B's responsibility to do so

.Person B has disposed of Assets belonging to all heirs and kept all money.

Now, unless there has been a probate opened, here is where things go wrong.

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.

A's heirs cannot sell B's interest.

has anybody opened probate? Was there a will? How was title to the property held (joint, tenants in common)?

1) Can person B make any claim to ownership because of length of time involved? Person B paid taxes and repairs.

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.

2) Could Person A's relatives sue for back rent? If so, how many years could they sue for?

no

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

.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

4) How much trouble could person B be in?

don't know what crime we are speaking of yet

5) Are there any legal claims Person B could make in defense?

defense of what? stealing the money? Not too many defenses to stealing that I know of.

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?

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.

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?

no

[imbngsud]

Thanks for quick response, and to clarify....Heirs of Person A have filed lawsuit which will ask court to sell property at commissioners sale, as physical division is not possible, and to give all owners their share. I understand there is often a division of property this way. This was property inherited through intestate estate. Personal Property referred to as sold by Person B was sold during the time they lived at property and person B had legal right to a portion. Other item that person B. received money for that has not been mentioned in lawsuit was no forgery involved because it was after person A's death, just claimed right to it, but again only owned a portion. Not sure any crime was commited.
.

[jk]

so, they are seeking a partition. Tell everybody to hang on because that means the court sells it at whatever price they can get. The owner(s) also have to pay the administrative costs of the sale as well.

so, how was title to the property held with A, B, B1, and B2?

[imbngsud]

A (wife) was initially joint owner of property with C (husband). He died intestate and 1/2 of his ownership went to A, and other 1/2 to 3 children, B1,2 and 3..., giving A 3/4 interest. A had no children but siblings, who now own her 3/4. no will and estate never probated. A's heirs made no inquiries.

[jk]

A (wife) was initially joint owner of property with C (husband). He died intestate and 1/2 of his ownership went to A, and other 1/2 to 3 children, B1,2 and 3..., giving A 3/4 interest. A had no children but siblings, who now own her 3/4. no will and estate never probated. A's heirs made no inquiries.

wrong. If title was held jointly between the husband and wife, all of his interest would become the wife. There would be nothing to go to anybody else. That is what joint ownership is.

joint ownership with rights of survivorship. It passes to any other joint owner.

from what you described, A owned it all and B1,2,and 3 never owned anything.

[imbngsud]

I am not that familiar with legal terms. There was no right of survivorship, C owned 1/2 and A owned 1/2. I am not sure what the correct terms are...I have been advised that the 1/4 is owned by the B's.

[jk]

that is why I asked if it was joint ownership or tenants in common. It makes a huge difference.

If it was tenants in common, was the husbands estate ever probated? Is the wifes estate being probated?

If the husbands wasn't, who ever signed a deed to transfer property to his children and the wife?

If there is no probate for the wife, who is intending on signing anything on behalf of the estate?

[imbngsud]

Husbands estate never probated because of wifes illness, and wifes never probated. Relative of A is now acting as representative of her family.
B thought if enough time passed the property might belong to them entirely throught the default or negligence of A's relatives. As mentioned, B took care of maintainance and paid all taxes for many years. Could B ask for reimbursement for taking care of A or for paying upkeep & taxes for many years? There has been no transfer of property to anyone, last deed recorded still in name of A & C, although B was able to get tax bill transferred to their name Does this clarification of situation change any previous answers? When sale takes place, will B receive money from sale, or will A's relatives receive what portion goes to B to satisfy claim against personal property sold?
A great concern for B is having to move. Can court order this? I feel that after time of response is up, A's relatives will ask B to move or at least to start paying rent. Can they do this? Will anyone want to buy property if B still lives there? B may have relative who would buy house and let B continue to live there.

[imbngsud]

Just for reference deed reads "property conveyed to "A and C" or husband and wife", does not use term joint ownership, or owners in common. Deed dated about 1965.