After my grandmother passes away can i prevent my uncle from selling the home my mother and i currently live in?

Question

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?

James L. Arrasmith · Answer

If your grandmother and uncle are both on the deed to the house, your uncle may have some legal right to sell the home after your grandmother passes away. However, there may be legal options available to prevent this from happening. 
 
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 control how the home is handled after her passing, and she could specify that the home should not be sold until you and your mother are ready to move. 
 
Another option would be for your grandmother to create a life estate. This would give her the right to live in the home for the rest of her life, but the ownership of the home would pass to your uncle upon her passing. However, this would not necessarily prevent your uncle from selling the home, and it may not be the best option if you and your mother need to stay in the home long-term. 
 
Here are a few California statutes that may be relevant to your situation: 
 
Probate Code Section 15200: This section governs the creation of trusts in California. It outlines the requirements for creating a trust and the types of assets that can be included in a trust. 
 
Probate Code Section 15400: This section outlines the requirements for creating a life estate in California. It explains the rights and responsibilities of the life tenant and the remainderman (in this case, your uncle) and the requirements for transferring ownership of the property after the life tenant passes away. 
 
Civil Code Section 1094.5: This section outlines the process for challenging a decision made by a government agency, such as a court decision related to your living situation. It explains the steps you would need to take to file a writ of administrative mandamus, which is a legal action that asks the court to review the decision and potentially overturn it. 
 
Code of Civil Procedure Section 1161: This section outlines the requirements for evictions in California. It explains the process for serving a tenant with a notice to vacate, filing an unlawful detainer action, and obtaining a court order to evict a tenant. 
 
It's important to note that these statutes may not fully apply to your specific situation, as every case is unique. It's important to consult with an estate planning attorney who can help you understand your legal options and create a plan that best meets your needs. They can also help you review the deed to the house to determine your uncle's legal rights and any potential challenges to his selling the home.

Q: After my grandmother passes away can i prevent my uncle from selling the home my mother and i currently live in?