#EstatePlanning #FamilyDrama #LegalAdvice
Hey all, so here’s a little juicy family drama situation I find myself in. My parents bought a foreclosed home in all cash for my grandfather to live in, but the house is legally in their name. Now, as the house has appreciated in value, my relatives are starting to plot ways to claim it as part of my grandfather’s estate when he passes (even though he’s perfectly healthy, by the way).
They think they’re entitled to the money my grandfather chipped in for the house, including the appreciation value, since they believe it’s “part of his estate.” But the house is still in my parents’ names – so are they really protected from my relatives’ schemes in the future?
Oh, and to add more fuel to the fire, my aunt dumped her unruly teenage son on my grandfather to live with him. Can this cause any tenant rights issues, especially since my parents didn’t even approve of the decision?
I’m all ears for any advice or experiences you all might have had in similar situations. Let’s dive into this family drama together and figure out how to navigate this sticky situation! 💥🏡 #HelpNeeded #FamilyFeud #LegalMess
See my final note first before considering the rest of this. Location is very important as laws vary by state or even city.
My suggestion is to put a lease in place for a nominal amount ($1 a year). Include a clause about no guests for over 10 days in any month without landlord approval. Optional: name you as an authorized agent of the owners.
Then you (or your parents) be the bad guy and serve
Your cousins with appropriate notice to vacate the property (this is 30 days in many locations but could be more or less in your location. )
If they are not out after the notice period then start eviction proceedings.
The absolute best thing would be to get a real estate/ landlord lawyer to help with the whole process.
NAL, If only your parents names are on the deed, then it is their house. Even if your grandfather chipped in, it would be considered a gift to your parents. Gifts cannot be taken away as part of an estate. If you want to put it in stone, have your parents write on a piece of paper the amount your grandfather contributed saying it was a gift, have them and the grandfather sign it in front of a notary. For evicting your aunts son, consult a real estate attorney.
Your relatives can plot all they want, but your grandfather has no ownership of the house if his name isn’t on the deed. Tell them to go kick rocks. This doesn’t mean they can’t *try* and cause everyone a headache, but they have no successful path forward with the info you’ve given.
The cousin is simply a tenant. When your parents reclaim the house he’ll need to be evicted if he doesn’t leave on his own. This does not affect the house ownership issue at all.
>They believe that they are entitled to the house in the future because my grandfather chipped in so it’s “apart of his estate” and they’re entitled to the money he chipped in including the appreciation value.
That isn’t how that works. If your parents own the home, they own the home. That won’t stop people trying to bring frivolus lawsuits or doing other dumb stuff, but it does mean it would be a waste of money.
>By the way, my aunt sent one of her teen sons to live with my grandfather due to bad behavior. Will this cause any tenet rights issues?
Maybe? Depends on how long he lives there and what age he is should your grandfather pass before he leaves. Most states establosh tenancy at 30 days of residence.
Is the aunt’s son still a minor?