My 68 year old mother has been living in a house that her sister and brother in law gave her close to 10 years ago..rent free, tax free, and her sister even paid the homeowners insurance.. My moms sister has since passed away about a year ago and my uncle remarried soon after, his new wife wants my mom out of the house. My mother paid the property tax for the 2014 year a few months ago out of an agreement she made with my uncle before he was remarried and will continue to pay the taxes and insurance.. She has no paperwork that her sister gave her on ownership of the home, except a picture of her on the front porch exchanging keys giving them to my mother. My mother has had all the utilities in her name and has paid them for the last 10 years... Does my mother have any legal rights to this house? Thanks in advance for any help.
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If the sister had wanted to give her the house, she would have had a deed prepared doing just that (and your mother would likely have owed gift taxes). Most people who own real property understand that a deed is required to transfer ownership, so if there is no deed it indicates your aunt only wanted to provide free housing for your mother. Your aunt continuing to pay insurance supports that. The house is the property of the title owner (pursuant to the deeds) or whoever inherited it from an estate.
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I'll add that she can always see a lawyer to review the whole story to see if there is a case for "adverse possession" under "color of title" but that is a long shot based on the facts stated.
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Houses are transfered by deeds, not photos. I suspect the answer will be she has no rights, other than a 60 day notice before eviction, but she should see a lawyer. Scott mentioned adverse possession in this case, but I suspect that won't work, but again we do not have all the facts.
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In answer to Attorney Riddle, adverse possession usually requires the possession of the property to be open, hostile, notorious and without permission of the actual property owner. Based on your facts, this would not exist at the time the property was "given" to your mother with keys.
As noted, land has a deed. Giving someone the keys is not enough - there has to be a transfer of deed for a completed gift. No feoffment with livery of seizin - this is not the middle ages with kings, lords and knights. Otherwise, your mother just had the right to live in the home. Now that all relevant people are dead, the deal is over if title is still in the name of the original owner or her heirs.
What you need is to get a copy of the deed to the real estate for the property and see whose name is on it under grantee. It may be that your mother has a life estate.
If there is some indicia of ownership beyond mere paying of utility bills and a year of taxes, then your mother needs to go see a real estate lawyer.
