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Title Claim and Adverse Possession

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  • 02-06-2009, 09:23 PM
    nonny1
    Title Claim and Adverse Possession
    My question involves real estate located in the State of: Wisconsin
    A friends girlfriend (of the last 5 years) died over a year ago. Lived together for 3 seasons in an old barn she was trying to convert into a house. The barn has been, is now, and remains nothing more than a huge "cabin" on a few acres of land. Friend has kept the utilities for it paid, paid the property taxes, paid for fuel to keep water from freezing in the winter, etc. The day girlfriend was suppose to make out her will, she was taken to the hospital and died from terminal cancer. She has no children. Does has 2 siblings that survive her, but they disowned and wouldn't even give her thier addresses, told her they wanted nothing to do with her, that their mother had died, was buried and never contact them again. She has only lived in Wisconsin for about 12 to 15 years, but didn't start staying in the barn/cabin for the warmer months until about 7 years ago. Friend and girlfriend stayed there for the warmer parts of spring, summer, and fall, and then when she was diagnosed with terminal cancer they stayed in my friends home, as she was too ill to live in the environment of that barn but friend still "kept it up", paid the property taxes, utilities, etc. and continues to do so to date. My question is, since friend is the only one that seems interested, can he open probate, does he have a claim of adverse possession, and would it be possible for him to aquire this place by a title action? All of his friends know she wanted him to have the place, but I know that doesn't mean much since they never married, and she didn't survive long enough to make her will out. He is still storing his "stuff" there
  • 02-07-2009, 08:04 PM
    LandSurveyor
    Re: Title Claim and Adverse Possession
    Adverse possession is probably not running here.

    Your friend needs to visit with a local real estate attorney for advice.
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