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#35631 - 06/18/05 06:29 AM Squatter's Rights
Anonymous
Unregistered


I'm looking for information on squatter's rights in Arkansas.

Here's the problem, I'm living on land that belongs to my mom. It's always been understood that the land would be divided in 4 parts for all of us. My problem with this is my older brother is a greedy gut and a hook to crook kind of guy and has the know how to cheat the rest of us out of what is rightfully ours.

My mom is not dead at this time, but still hasn't made out a will. I at this time feel like an only child, I'm the only one tending to her the rest are all too busy and too uncaring to even come and see if she's still living.

I'd just like to have a few options when the time comes. I've been living on about 2-3 acres of a 30 acre farm. I keep my yard up and and keep the house and yard looking nice and we have done improvements to the land since we have been here and I have pictures to prove that.

I'm not a greedy person, but I would like to be able to keep and live on the area my house and yard is on, so what can I do (of course when the time comes)

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#35632 - 06/18/05 07:38 AM Re: Squatter's Rights
Jim Lee Offline
Major Contributor

Registered: 07/01/99
Posts: 4785
Loc: Knoxville, Tennessee, Knox Cou...
Since you're living there with your mom's knowledge and permission, adverse possession (also called squatter's right) probably would not apply in your situation.

You need to have a very frank talk with your mom and get her to have a will drawn up and put in place ASAP so her wishes for her property can be legally enforceable after her passing.

You can get a very simple (and legal) will form at http://www.uslegalforms.com/. Why not buy a copy, take it over to her, and talk to her about it. You might also consider getting your siblings on board with this while your mom is still alive. These wills are state specific so be sure and get the one for Arkansas.

If she dies intestate (without a will) the state has a predetermined forumula to divide her assets to her heirs.
_________________________
Jim Lee, REALTORŪ, CRS, ABR, e-PRO
[url=www.KnoxvilleHomeCenter.com]www.KnoxvilleHomeCenter.com[/url]
[url=www.KnoxvilleTennesseeRealEstateBlog.com]www.KnoxvilleTennesseeRealEstateBlog.com[/url]
I am not an attorney & I am not giving you any legal advice.

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#35633 - 06/18/05 04:09 PM Re: Squatter's Rights
Anonymous
Unregistered


thanks James,

I have been telling her she needs to do a will, but she doesn't want to make the others mad??? Don't ask me why because they none lift a finger to help.

My younger brother kept promising to come and mow her grass, when the grass got waist high he came and mowed a small section, said he'd done his share and left. My husband and I went out and mowed the grass. I took pictures because the grass was taller than my husband sitting on the mower in some spots.

SO I have this stress on top of worrying about if she will get a will made out in time.

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#35634 - 06/18/05 04:58 PM Re: Squatter's Rights
ladylark Offline
Member

Registered: 04/02/05
Posts: 26
Loc: mi
I would suggest that you forget the will-if she hasn't done it yet she probably won't. Talk to her about dividing the land and letting you purchase what would be your portion for a nominal price now. Avoids all types of hassles in the future.

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#35635 - 06/23/05 04:34 PM Re: Squatter's Rights
FLREALTOR1 Offline
Member

Registered: 04/19/05
Posts: 168
Loc: COCOA, FLORIDA
You might consider talking to an attorney and see if the attorney has a recommendation. Usually the first consultation is free or a nominal charge. I like the idea of you buying your portion now.
_________________________
Sarasota Real Estate

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