My father recently passed away on the 17th and I am the executor of his will. His parents in 1993 purchased a mobile home and placed it on 0.5 acres of their land. My family moved from Florida to Georgia to live in this mobile home. An agreement between my parents and my father's parents was made that they would pay $400/month for rent. After 3 months they were unable to keep this rent and as a result it was agreed between my father and his parents that in lieu of him receiving money as part of their last will and testaments that the mobile home and land would be a part of his inheritance. We have lived here for 13 years with no lease and no contracts and I have reason to believe that she is going to attempt to kick us out since my father has passed away. I have since talked with my father's mother to see if she would be willing to quit title everything to me and declined. Additionally, she told me that it was intended to be his inheritance but then stated that my father had been removed from her last will and testament for various reasons. Prior to my father's death he told my mother that my name and my sister's name were both on the deed. We have since found that to no longer be true when researching public record. I believe that we could have some recourse in this matter by filing a quiet title under adverse possesion under OCGA 44-5-161, 44-5-165 and 44-9-1. 44-5-161. (a) In order for possession to be the foundation of prescriptive title, it: (1) Must be in the right of the possessor and not of another; (2) Must not have originated in fraud except as provided in Code Section 44-5-162; (3) Must be public, continuous, exclusive, uninterrupted, and peaceable; and (4) Must be accompanied by a claim of right. (b) Permissive possession cannot be the foundation of a prescription until an adverse claim and actual notice to the other party. 44-5-165. Actual possession of lands may be evidenced by enclosure, cultivation, or any use and occupation of the lands which is so notorious as to attract the attention of every adverse claimant and so exclusive as to prevent actual occupation by another. 44-9-1. >>>The right of private way over another´s land may arise from an express grant, from prescription by seven years´ uninterrupted use through improved lands<<< or by 20 years´ use through wild lands, by implication of law when the right is necessary to the enjoyment of lands granted by the same owner, or by compulsory purchase and sale through the superior court in the manner prescribed by Article 3 of this chapter.
4(b) says it all - cannot adversly possess something where the person that owns the property is giving permission for them to use it. Additionally, most states require adverse possession to take place for 21 years. That means for 21 years you must hold the property in a hostile manner against the true owner. Your father was a licensee on the property (i.e. he was given permission to be there). Therefore, adverse possession does not come into play. Your only hope for a claim to this property is if the property/home was specifically devised to your father when your grandfather passed away. I am guessing that it was not otherwise you wouldn't be asking this question. If it was not, then all of your grandfathers property transferred to your grandmother at the time of his death. That means she has full ownership in all the property and can decide where and who it goes to absent some specific bequest made in the will of your grandfather and grandmother.
I'm going to try anyway and additionally attempted to get my grandfather's will. Hopefully it's public record now because my dad was never invited to his own father's will reading.
Sounds like your father was intentionally left out of the will. This is totally legal to do. Good luck but sounds like a lost cause that is going to cost you money. Oh, and your welcome.
He probably was, but in Georgia if you leave your spouse or child out of a will you MUST state the reasons why. I looked that part up, otherwise it's not legal
It's like that in a lot of states where the child must be specifically named as not receiving anything but this issue involves a lot more explanation than just that. Also, your father had the legal right to contest it, not you. In theory, there is nothing that says you father would have left anything in his estate to you since a person does not have heirs until they die. Since your father died with a will the laws of intestate succession do not apply. Anyways, good luck.
Yeah. I wasn't around when all of my grandfather's will stuff happened otherwise I would have pressed my dad to contest it.
You really know your stuff man.. If I ever have any questions i'll have to call.. My girlfriend is a paralegal and is in her last month of internship and will be looking for a job thereafter, does your firm need a good worker? lol.. I just figured I would ask!:SNSign:
........... and I'm not even a lawyer (j/k) ....... always good to get a second opinion. Again, good luck and hope everything works out.
Well, my mom used to be a skip tracer for a repo agency....she found out lots of info and even talked to my grandmother's pastor. So for right now we may be "safe" but you never know. She's a very religious person so all I have to say to her, is this what Jesus would do?
