Q: Can my aunts sue me for back rent while living at my grandpa's house and taking care of him? Could I counter sue?
I've lived here for two years. Taking care my my grandpa while he's been sick. He's been on hospice for almost six months. I've heard around the family a few of my aunts want to sue me for back rent. He told me not to worry about rent or any bills as long as I take care of him and his house. Could I counter sue for healthcare?
A:
Generally speaking, the answers to your questions are no:
No, your aunts cannot sue you for back rent if your grandfather owns his home and has invited you to stay there for whatever reason. If your aunts are the owners they may be able to have a constable remove you from the home, and whoever is the personal representative of your grandfather's estate when he dies will be able to remove anyone from the premises who does not have some ownership interest in the property, but you are probably not going to be liable for rent based on the facts provided and my assumptions regarding ownership of the home.
No, you do not owe rent unless there is a lease in place that makes you a tenant who is obligated to pay rent. Again, the true owner may have your removed, but you should not be liable for rent under these circumstances.
No, you cannot sue your aunts for the healthcare and general care services you provide to your grandfather. You and your grandfather would need to put an agreement in writing, or perhaps he could provide a devise to you in his will, in consideration of the services you're providing.
I suggest your grandfather review and update his estate plan to ensure his wishes are carried out. This would include updating any powers of attorney that you or others would need in order to deal with his affairs during his life. Ultimately he would be the client when hiring an attorney and would need to deal directly with his attorney if he chooses to amend or update his estate plan. Because of your unique relationship as his live-in caretaker, you should keep your distance from the estate planning process to avoid accusations that you have influenced or coerced your grandfather to make changes in your favor. Any changes to your grandfather's estate plan should reflect his wishes and desires, not yours.
Communication between you, your grandfather, and your aunts may go a long way to clear up any budding disputes within the family. I wish you and your grandfather the best of luck.
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