Daughter Makes Payments To Father For Home For 20 Years But Dies Without Deeding It

[Working Man]

My wife and I have lived in her father's home in Indiana for 20 years. During that time we paid rent every month with the understanding that one day the home would be ours, and that my wife would live in it and help take care of his two grown developmentally disabled children.

He died unepxectedly in March of '08 after being in the hospital (at least it was unexpected to us; his wife and her children had made funeral arrangements months ago).

We have nothing on paper indicating the agreement between father and daughter, although her sister is aware of it. Nor has anyone mentioned anything about Dad having a will or leaving any other possessions to her.

Now stepmom wants us to purchase the home for full market value.

So we're wondering if we have rights under the Adverse Possession Law, since we have been living there in the open with all bills in our name and solely responsible for the upkeep of the home (although he did replace a hot water heater and AC unit years ago).

Can we claim title to the home since she is his daughter and since we have been there for 20 years? I know the statute in Indiana says 10 years. Does that apply to us?

[Happy Trails]

No, adverse possession must be adverse, actual, open, notorious, exclusive, continuous and under a claim of right for the prescribed statutory period.

You were renting the home.

Now if father died without a will, then you should read Indiana's law on dying intestate.

[525601minutes]

When you say all the bills are in your name, does that include the mortgage from the bank?
Were you paying the bank directly or were you paying the dad?
How about the property taxes - your name or dads'?

[Working Man]

We paid rent, yes, but it was like we were on a rent to own basis -- just with no formal contract.

There was no actual lease. And no, the we did not pay the taxes, nor was the mortgage in our name.

Squatters rights aside, my wife would be entitled to some portion of the estate, including the house, unless there is a will that specifically says everything goes to his wife, right?

[Happy Trails]

Squatters rights aside, my wife would be entitled to some portion of the estate, including the house, unless there is a will that specifically says everything goes to his wife, right?

Yes, she would be entitled to her portion of the "net estate" that is explained in the link above.