Follow
Share

I have been blessed enough to have had 2 amazing grandparents. They are my rolemodels and biggest supporters. As a young adult (19) I moved in with them. As my grandfather declined in health I naturally transitioned into the caregiver role, after his passing 11 years ago, I left for college as we discussed. After finishing I moved home to stay with my grandmother as planned. Mind you it was the 3 of ours' life plan. I am now 35, and my grandmother passed late October of last year. My mother is their only biological child, and is trying to remove me from my home. Is there anything I am able to do to prevent this? I have tried talking, pleading with her, but she is set that this is hers.

This question has been closed for answers. Ask a New Question.
The short answer is: Talk is cheap, what legal leg does she have to stand on? Who owns the home now? Is there a reason she cannot leave?

Of course this is hurting you terribly.

Can the house be divided in some creative way, making it partly an in-law type suite?

Are you in danger if you stay? Have you been served eviction legal papers?Can the house be sold, proceeds split? Is your Mom self-supporting, or disabled/dependent in any way?
Helpful Answer (2)
Report

This is really a legal question. Whose name is on the deed? Did your grandmother leave a will? If so, did she leave you the house in her will. If there is no will then your state law on intestacy will govern who gets the house. In most states this follows a generational line meaning your mother would inherit the property before you would. First step, find the deed and will.
Helpful Answer (9)
Report

Did your grandparents have a will? Was the expectation that the house would pass to you? Did you provide caregiver services to your grandparents without pay? Who paid for your college? Did your grandparents or you put in writing that there was a life plan whereby the house or possession of the house would go to you. Were any others aware of this life plan. You may have many rights to the home and or to stay in the home for the promises made under a "Life Plan," and/ or for the services rendered. Did your grandparents die without a will? Did your Grandparents have an attorney and an accountant? Did they have close friends. Try to find a will or witnesses to the life plan. Did your grandparents write to you while you were in College? Can you afford an attorney? If you can't are you eligible for Free legal assistance? There are many legal rights you might have but you need to pursue those rights. It sounds like their is a big rift in your relationship with your Mother. Was your compensation for caring for your grandparents a promise that you could remain in the house forever or that the house would pass to you? Can you afford to live there and pay all the bills. Line up all the facts. If their is no will or trust agreement your state has intestacy laws of how the property would pass. What does your Mother want to do with the house? You might have rights that would make an exception to whatever rights your Mother might have. If you don't investigate these rights, gather up all the proof of the agreement between you and your grandparents then your Mother could prevail under intestacy laws.  Did your grandparents exclude her from the will / disown her or was she given up for adoption at birth?  You said she was a biological daughter.  Good Luck.  Don't be pushed aside without a fight if you and your Mother cannot come to an agreement.  
Helpful Answer (3)
Report

I sure hope that your grandparents wrote it all down somewhere that would make it easy. But, it sounds as if they didn't. Maybe they saw an attorney while in your care? Maybe that attorney has documentation you do not know about? Did they have a safe deposit box?
Helpful Answer (4)
Report

This answer depends on several things, is there anything in writing show your grand parents wishes? What actions are be taken to remove you.
Helpful Answer (2)
Report

LnzLou35, my heartfelt sympathy to you and your family for your grandparent's passing.

First question, is Grandmother's estate now in Probate? This happens whether there was a Will or not. If there was a Will and it hadn't been changed to include you, or if there was no Will, then you can plead to the Probate Judge regarding how many years you had been caregiving for your grandparents. You would need to have some type of documented proof you were their caregivers and had lived in the house all those years.

I would suggest you contact an Elder Law Attorney to see what options you have, and what past paperwork that you would need to dig up. And while there, you create a Will, Power of Attorney, Medical Directive for yourself, one is never too young to have this very important legal documents.
Helpful Answer (3)
Report

Some questions immediately came up from your description and I can't possibly answer unless there's more information. I'm sure there's a lot you can do in certain circumstances but it would help to know more.

Does your mom have some form of authority over you such as guardianship due to disability?

Is she your representative payee? Do you rent or own your home or does your mom or grandparents on it and she is to inherit it?
Helpful Answer (0)
Report

Like...whose house is this, anyway? Better call a lawyer......why is your mother trying to evict you, again? She wants the house all for herself? If there is nothing legally in place, I don't know what your chances are, but see a lawyer anyway.
Helpful Answer (0)
Report

The OP could come back to explain.
If I remember correctly, another posted the same issue and the problem was that her mother had lived there, dependent upon her own parents (grandparents of poster) for quite some time, and the poster inherited the house, but it came with her mother!
Helpful Answer (0)
Report

See a lawyer with the will if there was one.
Helpful Answer (1)
Report

This question has been closed for answers. Ask a New Question.
Ask a Question
Subscribe to
Our Newsletter