Legal Question in Wills and Trusts in Texas
In regards to wills and adverse possession.
Before my father died he was rewarded a deed to a property through a will. In that will it states that the property is willed to my father and his heirs and that my grandmother is allowed to collect rent and live on the property for as long as she lives. My grandmother has not lived on this property for over 7 years but my mother has. There was never a probate court hearing involved to explain who would be responsible on paying the taxes on the property, so my mother has been doing so on her own for the past 10 years. My question is, could my mother acquire this property on her own through adverse possession or does the will override it?
2 Answers from Attorneys
Re: In regards to wills and adverse possession.
In order to obtain title to property through adverse possession, one must prove certain elements in court. The court order is what would award clear title to the property to the person seeking title. Your mother must prove the she has occupied the property continuously under a claim of right inconsistent with and hostile to the claim of another. If your mother had the consent of your father or his estate, she is not an adverse possessor. There are other questions. Was your grandmother's will ever probated? Did your father leave a will? These questions also relate to the ownership of the property. If you do not have an attorney, you can contact me directly to discuss these issues in a free initial consultation. 214-750-0606.
Re: In regards to wills and adverse possession.
If your mother was on the property with permission, she can't claim adverse possession. Was your grandfather's will probated? Or has everyone simply read the will and acted accordingly?
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