Asked in Real Estate Law, Elder Law, Land Use & Zoning and Probate for Texas

Q: I would like to know if I will have the right to adverse possession upon my grandmother's passing.

I have been living with her since 2013, taking care of the farm. She has a will that includes 1/3 to each of my aunts and a split third to my sister and myself. I have worked very hard on the upkeep of the property while none of the others have lifted a finger to help in any way. In fact, they openly stay away from her because she is a "difficult" person. Do I have any right to adverse possession upon her passing though there be a will? What can I do in this regard to make sure that I am allowed to take possession and not immediately forced to leave (become homeless) upon her passing? Fwiw, she's feisty and may have several good years left on her... I just don't think it's fair that I go out of my way to take care of my elder in the manner I have only to be kicked out without apology when she passes. I've put tons of money and effort into this farm. Advice is appreciated. Thank you.

1 Lawyer Answer
Terry Lynn Garrett
PREMIUM
Terry Lynn Garrett
Answered
  • Probate Lawyer
  • Austin, TX
  • Licensed in Texas

A: Her Will governs. If you want to be repaid for the money and work you have put into the farm, you need a signed contract agreeing to the amount. Adverse possession only applies to occupancy for many years with no objection by the other people entitled to the land. You would have to occupy the farm for many years after her death without others objecting and then send them legal notice, giving them a chance to object. That seems unlikely to occur.

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