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  1. #1

    Default Adverse Possession of a Home Owned by Numerous Family Members in Florida

    My question involves real estate located in the State of: Florida.

    My husband's grandfather passed away in 2003 leaving the family home to his four children in equal parts with the stipulation that if a certain child (the only son) wanted to live there, he could (the father wanted the son to have some sort of stability - he had been in and out of prison since he was a juvenile and was a "deadbeat" father.) The will was never filed in probate or with any office of the court. The son and his family have lived in the home since 2004, yet the house remains in the deceased's name. The son's wife claims they own the house outright now due to "Squatters Rights", regardless of what the will states. My questions are as follows:

    Is she right?
    What say, if any, do the other three children have?
    Are there any legal repercussions for never filing the will?
    Does this situation fall under any Adverse Possession laws in Florida?
    How would the other children go about protecting their inheritance if they still can?

    Thank you in advance for any assistance with this matter.

    Playing4keeps

  2. #2
    Join Date
    Sep 2010
    Location
    Oklahoma
    Posts
    695

    Default Re: Adverse Possession of a Home Owned by Numerous Family Members in Florida

    The adverse possession timefram in Florida is 7 years. However, for adverse possession to apply the possession would have to open, notorious, and against the owners permission. You have allowed the person to live in the house via the instructions of the original will and therefore the possession is with permission and not adverse.

    Squatters rights apply to people who are occupying a residence that is not legally their and without the owners consent. That again does not apply to this situation.

    The will needs to be filled through the probate courts as soon as possible.

    The children whom have an interest in the house need to set up a trust with each having 1/4 interest in the trust (or whatever portion according to the will) and transfer the house into the trust name. Each child needs to submit their portion of the property taxes for the year. If one person wants out there should be a provision that the remaining children have the opportunity to buy-out the exiting member.

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