• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Living arrangements after grandfathers death

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

D

David DeLeon

Guest
Portland Oregon - My wife and I moved in with her Grandfather several months ago to assist him in taking care of his home, personal needs, and property. We help him, and he does not charge us rent. The agreement has no set time period, it states that we can leave whenever we want, and he can ask us to leave if he sees fit. There are no specific provisions to the agreement as far as how much we do, or what exact tasks we do. He is 83 years old with cancer and will probably not live past the next 12 months. His house sits on about 10 high priced acres in Portland. The grandfather has a trust and has named his son as the person to administer the trust and the estate when he dies. The trust splits the estate down the middle to be distributed equally to his son and his daughter. The grandfather has also signed a power of attorney which will become active in the case of the grandfathers incompetence. The son lives about 5 hours from Portland. The son has tried on several occasions to kick us out of the house and replace us with caregivers who have alegence to the son. We have refused to leave and the grandfather and the grandfathers attorney has intervened and settle everything down for now. We are no longer on speaking terms with the son. However, when the grandfather dies or becomes incompetent, the son will surely come back and will immediately demand that we move from the property.

My questions is: In either case where the grandfather dies or becomes incompetent, what are our rights as far as the length of time we can continue to live in the home of the grandfather? Do we have any rights to continue to live in the house in either case? Thank you for your help.
David DeLeon
 


ALawyer

Senior Member
You would seem to have NO rights except those agreed upon and set out in a contract with grandpa.

So long as he has control of hjis own affairs, and wants you, you'll be there. When he doesn't, or becomes incompetent and the son takes over, or grandpa dies, you'd be out of there. And the need fopr your services would be at an end.

From the son's point of view (and maybe the daughter's, although I assume your wife is her daughter) there may be a fear that you are or plan to rip off grandpa, or are angling to get a piece of his estate, or if you are being paid, that you are being paid too much or leaving too high off the hog or not caring for him adequately. Trying to get a lease would raise all sorts of red flags. BUT if you guys are working there and foreclosing yourselves from other employment, I hope it is for more than room and board.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top