Adverse Possession by Half Owner

[cpo58]

My question involves real estate located in the State of: Washington
My mother and her sister inherited their mom’s home. They were each named as half owners. My mother had lived in the house as a companion and caretaker to their mother until her mothers death 8 years later. My mother continued to live in the house until her death this past May. My mother lived in the house for a total of 26 years and she paid the taxes exclusively for 11 ½ years. The sister who was in good shape financially gave her half to my mother as repayment for my mother being her caretaker without financial compensation. But they never changed the deed. The sister died in 2003. Six weeks after my mom died the children of the sister discovered that the deed had never been changed and are now seeking payment for their half of the houses value. They haven’t done anything over the years that gave the appearance that they were half owners, in fact the house has been uninsured for the past 6 years, exposing them to liability if there were a fire etc. We think we have a strong case for adverse possession. Should we offer them a few dollars and threaten a lawsuit? Thank you for your time. cpo58

[LandSurveyor]

But they never changed the deed.

Was there some sort of agreement that the deed would be changed?

[cpo58]

It was only verbal, as we now know. I had asked my mother many times and she assured me that they had taken care of it. But all of the family thought this had been done and acted accordingly. That's why it took them about six weeks to get an attorney and a letter sent.

[LandSurveyor]

Six weeks after my mom died the children of the sister discovered that the deed had never been changed and are now seeking payment for their half of the houses value.

Six weeks does not meet the time requirements for adverse possession. The possession previous to that by your mother would seem to be because she was part owner. The other part owner seems to have given permissive use to your mother. I'm not seeing any possession here which would be hostile to the sister.

As your mother was apparently the sole beneficiary of the property while living there, it would not seem unreasonable that she would be expected to pay the taxes, insurance, and all of the upkeep.

Verbal agreements regarding real estate are considered "parol evidence" and are not generally admitted into evidence by courts in opposition to written rights, such as deeds.

I'm sorry to be the bearer of news which you did not want to hear, but adverse possession is unlikely to vest any additional title in you.

[flyingron]

You have no case for adverse possession. Your possession isn't adverse being one of the owners and never will be.
The most you can do is file for a civil partition as well as any debts that the sister is legally (rather than just morrally) liable for.

[cpo58]

Thank you for both for your time and advice.