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For many families, inheriting real property is more than a legal transaction—it’s a connection to family legacy, financial security, and generational planning. However, few people are aware that property left behind by a decedent can become vulnerable to a legal concept called adverse possession, a doctrine that may allow someone to claim ownership of the property if certain conditions are met.
Understanding adverse possession is essential for any heir, beneficiary, or estate administrator involved in Indiana probate. In this article, the probate attorneys at Mattox & Wilson explain what adverse possession is, how it works under Indiana law, and how heirs can safeguard inherited property against potential claims.
If you’re navigating Indiana probate or concerned about protecting inherited property, we invite you to contact our team at Mattox & Wilson. Our probate lawyers are here to help you understand your rights, take action to safeguard your family’s legacy, and ensure the estate is properly managed.
Probate law governs the legal process by which a deceased person’s assets are identified, valued, and distributed to heirs or beneficiaries. This includes validating a will (if one exists), appointing a personal representative or executor, settling debts and taxes, and distributing remaining assets. For example, probate law may be used to transfer ownership of a house, distribute bank accounts, or determine who inherits property when there is no will.
If someone passes away without a will (known as dying intestate), their estate will be distributed according to Indiana’s intestacy laws. As probate lawyers with decades of experience, we help families and personal representatives navigate this process efficiently and in full compliance with Indiana law. From completing and filing the necessary paperwork to ensuring the estate is administered properly, we’re here to take the burden off your shoulders. At Mattox & Wilson, we provide thoughtful, personalized service to every client, with a focus on protecting your loved one’s legacy and helping you move forward with confidence.
Adverse possession is a legal doctrine that allows a person to obtain legal title to property if they have continuously and openly occupied the property for a certain period of time without the permission of the original owner. Although it may sound like a legal loophole, adverse possession serves a practical purpose in the law—resolving long-standing ambiguities about property ownership.
If someone occupies land as if they own it, pays taxes on it, maintains it, and no one contests their use, the law may eventually recognize them as the legal owner. But how does this apply after the property owner passes away?
Indiana law outlines specific requirements for a valid adverse possession claim. These include:
Each of these elements must be proven by clear and convincing evidence for the claim to succeed.
When someone passes away, their property becomes part of their estate and must be distributed according to their will or Indiana intestate succession laws. Protecting a loved one’s estate from adverse possession is crucial, as individuals who have already been using the property in a manner consistent with adverse possession before or after the decedent’s death may attempt to claim ownership.
This situation can arise in several ways, including:
If heirs delay estate administration or fail to take action to secure the property, it can make the process of settling a loved one’s estate more complicated and give adverse possessors the opportunity to assert their claim.
Heirs and estate representatives should be proactive in protecting inherited property from adverse possession claims. Estate representatives may act on behalf of heirs to safeguard their interests and ensure property is properly protected. Collecting and organizing all relevant legal and financial documents is essential to ensure clear ownership and support any necessary legal actions. Key steps include:
In Indiana, opening probate promptly allows the estate to maintain control over the property and gives the personal representative the authority to manage and secure it. Delaying this step can create risk.
After the property owner’s death, heirs or the estate’s representative should inspect the property. This helps determine if anyone is occupying or using it in a way that could trigger adverse possession.
If an unauthorized person is on the property, it’s important to serve written notice (as a formal document) and, if necessary, initiate eviction proceedings. Taking formal legal action interrupts the continuous possession requirement.
Failure to pay property taxes for the parcel increases the risk that someone else who is paying taxes could claim ownership. Prompt payment signals ongoing control by the rightful owner or estate.
Heirs should work with a probate lawyer to ensure title transfers are recorded and free of encumbrances, including the proper preparation and review of legal documents to clarify ownership.
It’s important not to confuse adverse possession with abandonment. Adverse possession occurs when someone openly possesses land with the intent to claim ownership. Abandonment, by contrast, implies that the true owner intended to relinquish all rights to the property.
Heirs who fail to manage inherited property may inadvertently give the appearance of abandonment, even if they still intend to claim the property. Courts, however, do not favor forfeiture without clear evidence of abandonment or adverse possession.
If someone brings a successful adverse possession claim, they can request a court to issue a quiet title action, which legally recognizes their ownership and removes any conflicting claims, including those of heirs. Once the court grants title, heirs may lose the ability to recover the property.
Proper probate planning is one of the best tools to prevent future disputes involving adverse possession and offers the benefit of providing control, protection, and peace of mind for you and your family. As experienced Indiana probate attorneys, we can help with:
Our experienced team of probate lawyers in New Albany provides high-quality service and support. We serve clients throughout the community, guiding them through the emotional and overwhelming process of probate and estate planning. If you need assistance protecting your property, we invite you to call our office to schedule a consultation with a dedicated and tenacious Indiana adverse possession attorney.
Yes, under Indiana law, a person may obtain ownership through adverse possession if they meet all legal requirements, including continuous and open use for 10 years, and payment of property taxes.
Adverse possession may be claimed against inherited property if heirs fail to take action to assert their rights. Property left unmanaged or occupied by another could be at risk.
Trespassing is unlawful entry or use of land without permission. Adverse possession begins as trespassing but may evolve into a claim for ownership if the trespasser meets Indiana’s statutory requirements over time.
Act quickly by opening probate, securing the property, removing unauthorized occupants, paying taxes, and ensuring legal title is properly transferred.
Generally, adverse possession must be without permission. A clear written agreement or lease may help prevent someone from asserting an adverse claim, but verbal arrangements often complicate legal disputes because of uncertainty.
If ownership is disputed, a court will review evidence to determine the rightful owner. A quiet title action may be filed to resolve conflicting claims and clarify title.
Yes, even relatives may claim adverse possession under Indiana law. Courts will examine whether the possession was truly “hostile” and without permission, which can be more difficult to prove in familial situations.
Adverse possession may seem like an obscure legal concept, but its implications are very real for Indiana families managing inherited property. When property is left unmonitored or is occupied by others, heirs may find themselves in a position where legal ownership is at risk.
At Mattox & Wilson, we understand the importance of preserving your family’s legacy. Our probate law firm is here to help you safeguard your assets, ensure proper administration, and prepare a plan that addresses not just your intentions—but also the practical realities your heirs may face.
If you’re an heir, executor, or property owner with questions about adverse possession or Indiana probate matters, contact us today. As adverse possession attorneys with decades of experience, we can provide guidance tailored to your situation and help ensure your property remains protected.
Contact Mattox & Wilson to speak with a probate attorney and learn how we can assist you in preserving what matters most.