Land owners died with no will or children. Do I have a claim to the property since I’ve lived there for 20 years

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Land owners died with no will or children. Do I have a claim to the property since I’ve lived there for 20 years

Ex wife’s aunt and uncle passed on with no will or children. They have custody papers for my ex as they raised her. But they never adopted her. After she left I continued to live on the property for nearly 2 years until they passed away. It’s been 1 year since both passed and I still live on the property. The property is in probate. Do I have any legal claim to this property at this point according to NC law?

Asked on March 26, 2018 under Estate Planning, North Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Under the laws of Trusts and Estates you would have no right to the Property in Probate.  If they died without Wills then the intestacy laws apply and you are not related by blood so you would not inherit.  As for adverse possession, I do not think you qualify under "open and notoroious" or the other requirements.  Good luck. 


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