[WSBAPT] heir claim to property

[Mark Anderson]

It will depend on how long ago the parents died.  If the last of them died less than 7 years ago, it might be presumed that the heir was living there with his/her parents' permission, thus defeating a claim of adverse possession, at least for now.  If the last parent to die died more than 7 years ago and the heir has continued to live in the house and pay taxes since then, you may have an argument for adverse possession as against the estates of the parents.

Mark B. Anderson
ANDERSON LAW FIRM PLLC
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Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Shannon Jones
Sent: 12/11/2023 10:56 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] heir claim to property

Listmates, One of three intestate heirs lives in deceased parent's house and pays off mortgage, also pays insurance, taxes and all upkeep for 7 years because deceased parent told them she wanted them to have the house. Two other intestate heirs have mental health and substance abuse problems, homeless and may be impossible to locate. At some point can the heir who has paid everything claim adverse possession? Would it be 10 years rather than 7 because they have no "color of title"? Any input appreciated - Shannon

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Shannon R. Jones | Attorney
Campbell Barnett PLLC
Direct:  253.848.3515
Office: 253.848.3513| Fax: 253.845.4941
317 South Meridian
Puyallup, WA 98371
shannonj at campbellbarnettlaw.com<mailto:shannonj at campbellbarnettlaw.com>
campbellbarnettlaw.com<https://campbellbarnettlaw.com/>

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