Q: I moved back with my parents 17 years ago can I be forced out by my brothers when both parents gave died?
I have done all the yard maintenance and routine maintenance on the house.
I’ve paid all real estate taxes for those years. Totaling almost $4000.00 per year.
I was the care giver for both my parents when they couldn’t do daily functions
Mom died 28 months ago and dad died yesterday
Now my brothers want me out of the house in 30 days! Do I have any recourse?
A:
If your father did not have a Will which left the house to you, the house goes into the estate. The house would then be sold and the proceeds divided among you and the other siblings. You have no choice about that.
If you hire a lawyer, you might be able to assert a claim against the estate for all the money you paid for taxes, repairs, etc. , as well as for the value of services provided as caregiver. However, it could also be construed that that was rent, and you could then potentially recapture only the money you spent and the value of services provided that was in excess of fair rental value.
This would be a difficult and expensive claim to pursue, and you would have to consult with a lawyer to determine if it is even viable.
A: Unfortunately the house is now in the estate. Whom ever the executor is will decide what will be done with the house.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
