Ugly family situations...houses...inheritances...

[GeorgeSpelvin]

What is the name of your state (only U.S. law)? Tennessee

This might be more appropriate for the real estate forum but I wasn't sure: Basically, the situation is that I have several siblings; we are all of adult age. Recently, one became divorced and moved into our mother's home due to financial issues. Although our mother viewed this as a temporary situation, our sister does not. She has hinted to others about her belief that if she remains as a "guest" at our mother's house long enough, she will eventually own it. Our mother is in her 70's, very passive, and unable to set limits against our sister, who is very domineering.

Bottom line is this: Our mother is herself divorced and may not even have a current Will. It's very difficult to discuss these matters with her, so she may not. While this sounds rather awful, the rest of the siblings view it as unfair that our sister could assume ownership of a fairly valuable piece of property, not to mention the contents of the house, simply by never moving out. In Tennessee, are there some kind of "squatter's rights" or other laws that would pertain to this situation?

Let's say it's a decade or two from now and our mother passes away, and the sibling is still living in the basement. If our mother's Estate is divided between all the kids, can the rest of us either force the one sibling out of the home so it can be sold? (She's not likely to have the money to "buy out" everyone else's shares). Our concern is that she would simply say, as she is already hinting, that she has nowhere else to go, has been living there a long time, and therefore should be allowed to stay indefinitely -- or worse, that she "claims" the property as her own due to having been allowed to live there for so long.

What are the relevant legal issues? Can anything be done to prevent an ugly situation from happening years from now? What is the name of your state (only U.S. law)?

 

[anteater]

No, she does not acquire any ownership or "inheritance" rights simply by being allowed to live there.

 

[Dandy Don]

Your sister is living under a misconception and she doesn't know the law. The executor of the estate will have the right to evict her under landlord tenant law after mother dies.

Has anyone thought to ask mother what SHE thinks about the situation? If mother wants her out, the siblings should hire an attorney to act as intermediary to enforce the mother's wishes legally if necessary. Just because a sibling is divorced is no reason to live at home with mom--why isn't the lady old enough or savvy enough to get a job and be self-supporting?

 

[GeorgeSpelvin]

She feels she's entitled...

Your sister is living under a misconception and she doesn't know the law. The executor of the estate will have the right to evict her under landlord tenant law after mother dies.

Has anyone thought to ask mother what SHE thinks about the situation? If mother wants her out, the siblings should hire an attorney to act as intermediary to enforce the mother's wishes legally if necessary. Just because a sibling is divorced is no reason to live at home with mom--why isn't the lady old enough or savvy enough to get a job and be self-supporting?

It's one of those icky family situations....mother is passive, wants her to move out so she can reclaim her home and privacy, but is "codependent" and doesn't feel she can set a time limit. At the same time, sis' is domineering and feels entitled. She lived with mom until she got married...then her husband was the breadwinner for years...as soon as they split up, she moved back with mom. She fully expects to remain there indefinitely... She works full-time but her feeling is, "Why should I pay rent someplace when I can stay for free?" She also feels that by remaining there indefinitely...perhaps under the notion of caring for mother in her old age...she'll "by default" assume ownership of the home and property.

Just one of those situations where the other sibs can't say anything because to do so makes one look greedy and self-interested; the mother can't set limits; so everyone is just quietly grumbling. But it's reassuring to know that simply living in the house does not alter the legal situation as far as inheritance....

 

[nextwife]

It's one of those icky family situations....mother is passive, wants her to move out so she can reclaim her home and privacy, but is "codependent" and doesn't feel she can set a time limit. At the same time, sis' is domineering and feels entitled. She lived with mom until she got married...then her husband was the breadwinner for years...as soon as they split up, she moved back with mom. She fully expects to remain there indefinitely... She works full-time but her feeling is, "Why should I pay rent someplace when I can stay for free?" She also feels that by remaining there indefinitely...perhaps under the notion of caring for mother in her old age...she'll "by default" assume ownership of the home and property.

Just one of those situations where the other sibs can't say anything because to do so makes one look greedy and self-interested; the mother can't set limits; so everyone is just quietly grumbling. But it's reassuring to know that simply living in the house does not alter the legal situation as far as inheritance....

Mom should charge her rent. Maybe sis'd then move out on her own.

 

[Dandy Don]

Mom should get sis to sign a rental agreement for nominal rent, $1 month, $25 month or whatever. So when mom gets tired of her she will have legal authority to get the witch evicted. How sad that sibilings are too weak to stand up to this evil person!