I
When a Washington Post article attempts to dismiss a phenomenon as “a right-wing media frenzy” that’s probably a good indication of a serious problem. Middle America says “hey wait WTF is going on with Thing X?” and smug activist hacks say “Thing X is such a far-right right-wing alt-right talking point, amirite?”
Anyway there have been a wave of news stories nationwide about people occupying properties and attempting to claim “squatters rights” to gain possession of the properties. According to a professional real estate group cited by the New York Post, in the Atlanta, Georgia area alone there have been over 1,200 squatter incidents. Fulton County, Georgia is obviously a notorious hotbed of right-wing media frenzy propaganda, he typed facetiously.
There was also a not-very-bright fellow who entered the country illegally and created social media accounts in which he advised people to squat in residential properties. Call me crazy but if you’re doing illegal stuff it’s not very smart to advertise yourself online. But what do I know.
II
In US law there is a principle called “adverse possession”, which potentially allows someone to gain possession of a property they don’t own. But adverse possession applies to undeveloped land as much as residential properties, it not more. It also is a process requiring several years of possession of the property. Breaking into a house and living there a few months is not adequate to gain possession. Squatting a few months can require a protracted court process to kick someone out but it’s not enough to own the property.
In a squatting case in Queens County, New York (yet another hive of far-right miscreants), the squatters went to court in an attempt to gain legal possession of a house worth almost a million dollars. Evidence to support their claim included a delivery receipt from Shake Shack. Weak sauce, as the saying goes. The receipt was a desperate hail Mary pass, as it showed only that the recipient had food delivered to the address and does not establish residency.
III
This absurd story reminded me of a story from my life. About a decade ago my parents died. Mom died first. Dad died about a year later.
I was the executor of my parents’ estate, because I’m the only one of the kids who was (a) in regular contact with my parents and (b) has any sense about money management. Most of my siblings dropped out of contact after my parents stopped giving them money. They’d get themselves into a financial mess, run to my parents for cash to get out of the mess. After a while my parens shook off their guilt and starting saying no. Most of the siblings were outraged! and didn’t speak to my parents for five years or more. As I was the only child who didn’t engage in this pattern of behavior, I was the natural choice to handle their affairs after death.
In the estate plan prepared by their lawyer, my parents did not distribute their assets evenly to all their children. Mainly because my parents didn’t want to enable substance abuse. Some of my siblings were unhappy about the will, and were deeply entitled as addicts often are. Some of my siblings went for my throat within hours of dad’s death.
They hired a lawyer who had a reputation as a shyster (underused word, shyster) and who was disliked by most of the other lawyers in town. Lawyers are supposed to remain emotionally detached and objective, doing their best to calm things down and behave reasonably. Even if the litigants in a case are metaphorically at each other’s throats and going nuts, the lawyers for one side are supposed to negotiate with the other in good faith. It’s not unusual for lawyers to move from firm to firm, so it’s good to maintain cordial and ethical relationships with the other lawyers in town in case next year you end up working with the lawyers who today are your opposing counsel.
But, of course, my degenerate siblings find one of the few lawyers in town who’s almost universally loathed because all the other lawyers in town can’t trust a word that comes out of his mouth.
As part of their blitzkrieg warfare against my parents’ estate plan, one of my siblings filed legal paperwork that falsely accused me of making threats. The paperwork also falsely listed my dad’s house as the sibling’s residence. The sibling hadn’t lived in the house for over a decade since they went to college. Their crooked lawyer probably recommended this tactic because it meant I was served with a temporary restraining order to keep me away from the sibling and away from my dad’s house. In the meantime, my evil siblings tore the house apart looking for valuables and paperwork they could use in their court fight.
Plot twist: I already had most of the important paperwork, which dad gave to me months earlier because he wasn’t an idiot and while he loved all his children he also knew their character and ethics. I had the car titles, bank statements, marriage certificates, mortgage paperwork, legal documents, insurance documents, pension statements … nearly all of the critical important paper documents were in my possession. I also had access to a joint bank account dad established after mom died, so the liquid cash was all under my exclusive control and the accounts had a payable on death provision so it all became mine and bypassed probate. Dad probably had a few hundred cash at the house for minor expenses and I never found it afterwards so my scummy siblings likely did find that much. He was old school, didn’t use debit cards and got a bit of cash every week or two for groceries, gassing up the car and other minor expenses. Used paper checks for larger bills. But there was not a large amount of cash at the house. He wasn’t like that because, as I said, he wasn’t an idiot.
Anyway, we went in and out of court a few times. I prevailed in court every time we entered, because my siblings had no case and they couldn’t even think clearly half the time so pickled were their brains in vodka.
But they bought themselves enough time to tear the house apart and organize a pathetic case to challenge the will. The lawyer who drafted the estate plan testified as to the circumstances of the plan and how I was the intended executor. I testified, and I did a very good job if I say so. I had tons of documentation and paperwork to back up my case. My lawyer was excellent, gently but thoroughly ripping them new assholes on cross examination and poking holes in their inane stories. And we won, because the facts were on my side and my lawyer was not a crook.
Part of their desperate case involved a claim my sibling lived at the house and was entitled to inherit it because reasons. It was similar to the crazy squatters cases in the news recently. The claim was basically: “I lived at the house and Harrison was mean to me, therefore I deserve a house even though the will cuts me out as an heir.” I’m not exaggerating. That was their case.
As part of the claim to possession of the property, the sibling produced mail addressed to them at dad’s house and postmarked in the weeks before his death. It was like the Shake Shack receipt: I ate a burger at this house, therefore I deserve to own it.
When I testified, my lawyer asked if my sibling ever lived at the house since they moved out for college.
Nope.
Were any siblings living at the house at the time of dad’s death?
Nope.
Why did they get mail at the house?
Because they moved residence frequently and dad let them use the house as a mailing address.
My siblings had no other proof of residency other than the random bits of mail. Their cars weren’t registered at dad’s house, for example. They just used dad’s address to dodge bill collectors.
IV
As with the Shake Shack miscreants, my siblings lost their case. I guess the moral of the long-winded story is that the truth usually comes out in court, even if it takes a little time.
And on the plus side, my siblings sort of got screwed by the shyster. I get a warm fuzzy feeling about this fact. His legal bill, I later heard second-hand, was obscene. My lawyer’s bill was not exactly cheap, but it was much more reasonable and I didn’t feel taken advantage of.