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Property Dispute Legal Guidance
Summary
In New Mexico, oral agreements may be recognized, but proving them can be difficult. Intestacy laws dictate property distribution when someone dies without a will. Adverse possession requires 10 years of continuous possession. For property disputes, gather documentation and consult a probate or real estate attorney. The statute of limitations for challenging property transfers based on fraud is typically 4 years, but exceptions like fraudulent concealment or continuous use may apply.Full Conversation
Carrie
Hi Carrie! What kind of legal issue are you facing?
My step mother, now deceased, in * asked me & my fiancé to move into and rehab a mobile home on my father’s property. I even have her on recording stating the place is mine. Now that my dad died in * leaving a will stating everything is the stepmothers then she died in * with no will and her niece is the personal representative and wants me to move out in 3 days. What do I do?
Carrie, given the complexities involving property rights and probate law, you may need to consult a probate attorney. Here are some general points to consider:
- Your recording may hold weight, but it depends on state laws regarding oral agreements.
- As the stepmother died intestate (without a will), state intestacy laws will dictate property distribution.
- You might be able to challenge the niece's claim as the personal representative.
Which state are you located in? This will help provide more specific information.
- Your recording may hold weight, but it depends on state laws regarding oral agreements.
- As the stepmother died intestate (without a will), state intestacy laws will dictate property distribution.
- You might be able to challenge the niece's claim as the personal representative.
Which state are you located in? This will help provide more specific information.
The state is new mexico
Carrie, here are some specific points under New Mexico law that could be relevant to your situation:
- New Mexico recognizes oral agreements in certain circumstances, but proving them can be challenging.
- Under New Mexico intestacy laws, property distribution follows a specific order, which may not favor you directly.
- You might have grounds to contest the niece’s actions or assert a claim to the property based on your stepmother's oral promise and improvements made.
It’s advisable to consult with a probate attorney who specializes in New Mexico laws to explore your options. Do you have any other details or questions about this situation?
- New Mexico recognizes oral agreements in certain circumstances, but proving them can be challenging.
- Under New Mexico intestacy laws, property distribution follows a specific order, which may not favor you directly.
- You might have grounds to contest the niece’s actions or assert a claim to the property based on your stepmother's oral promise and improvements made.
It’s advisable to consult with a probate attorney who specializes in New Mexico laws to explore your options. Do you have any other details or questions about this situation?
We have lived here for over 6 years, should we be squatters?
In New Mexico, adverse possession (commonly known as squatter's rights) requires continuous, exclusive possession for 10 years. Since you have lived there for over 6 years, you may not yet qualify for adverse possession. Consulting a probate attorney is strongly recommended to explore your legal options.
Do you have any other questions or need assistance with anything else?
Do you have any other questions or need assistance with anything else?
Yes I have purchased a building and property, commercial, in * and paid it off but my dad said I didn’t and transferred it back to his name in *. Since * all of my inventory and business records are still in the building that I have keys to, how can I get that back in my name when the niece got her hands on it to?
Carrie, it sounds like you have a complex property dispute. Here are some general points to consider:
- Gather all documentation proving your purchase and pay-off of the property.
- Check for any written agreements or receipts from *.
- Consult with a real estate attorney to challenge the * transfer and regain ownership.
Do you have any other questions or need further details?
- Gather all documentation proving your purchase and pay-off of the property.
- Check for any written agreements or receipts from *.
- Consult with a real estate attorney to challenge the * transfer and regain ownership.
Do you have any other questions or need further details?
I have all payments along with most of my dad’s deposits.
Carrie, with the payment records and deposits you have, you may have a strong case. Here are steps you might take:
- Organize all payment records and deposits.
- Consult with a real estate attorney to review your documentation.
- Challenge the transfer by presenting evidence of your ownership.
Do you have any more questions?
- Organize all payment records and deposits.
- Consult with a real estate attorney to review your documentation.
- Challenge the transfer by presenting evidence of your ownership.
Do you have any more questions?
Is there a statue of limitations on this
Carrie, in New Mexico, the statute of limitations for challenging the transfer of property based on fraud or mistake is typically 4 years from the date the fraud or mistake was, or should have been, discovered. Since the transfer occurred in *, the time might be expired, but exceptions may apply. Consult with a real estate attorney to explore any potential exceptions to this limitation.
Do you have any further questions or need more assistance?
Do you have any further questions or need more assistance?
What exceptions? I have had keys this whole time and use the building regularly
Carrie, here are some potential exceptions in New Mexico that might apply to your situation:
- Fraudulent Concealment: If the fraud was intentionally hidden, the statute of limitations may be extended until the fraud is discovered.
- Continuous Use: Your continuous use and possession of the property may provide grounds to argue against the transfer.
Consulting a real estate attorney is highly advisable to explore these exceptions further. Do you need help finding a real estate attorney in New Mexico?
- Fraudulent Concealment: If the fraud was intentionally hidden, the statute of limitations may be extended until the fraud is discovered.
- Continuous Use: Your continuous use and possession of the property may provide grounds to argue against the transfer.
Consulting a real estate attorney is highly advisable to explore these exceptions further. Do you need help finding a real estate attorney in New Mexico?
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