Q: After my grandmother passes away can i prevent my uncle from selling the home me and my mother are currently living in?
My grandmother and grandfather were the owners of the home my bedridden mother and I, as her care giver, live in. When my grandfather passed away my uncle put his name on the deed to the house along with my grandmother. My grandmother has told both me and my mother that we can live in the house as long as we want. To. My uncle, regardless of our need for low=cost housing, is [planning on selling the home as soon as my grandmother passes. Is there a legal document my grandmother can sign that would prevent my uncle from selling the home until my mother and I are ready to move?
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A:
If your grandmother and uncle are both on the deed to the house, your uncle may have the right to sell the property after your grandmother passes away. However, if your grandmother wants to ensure that you and your mother can continue living in the home after her death, she may be able to take steps to protect your interests.
One option would be for your grandmother to create a trust and transfer the ownership of the home to the trust. This would allow her to specify how the property should be handled after her death, and she could make provisions to ensure that you and your mother can continue living in the home for as long as you need to.
Another option would be for your grandmother to create a life estate in the property. This would give her the right to live in the home for the rest of her life, and upon her death, ownership of the home would automatically pass to you and your mother. Your uncle would have no right to sell the property at that point.
It's important to consult with an attorney who is familiar with California real estate and probate law to determine the best course of action for your specific situation. They can help your grandmother create a legal document that reflects her wishes and protects your rights to the property.
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