The person is a paid Caregiver, a live in. Just like with any live in when the client passes, the live in must leave. And this should have been made clear when the person took on the roll of Caregjver.
Does Mom have a Will? Is this family member a beneficiary?
Lets say the person is a beneficiary, the other beneficiaries can say the house needs to be sold. As such the Caregiver will need to leave, buy the house or be evicted. If not a beneficiary and the house needs to be sold or someone else wants to live there and the Caregiver refuses to leave, then you evict. Also, could buy the house.
I don't think anyone has rights to squat and I have read its hard to get rid of squatters especially during winter months or if kids are involved. And if living there with moms permission, I don't know about being a tenant, to me that means rent has been paid but it is the Caregivers residence.
I agree, good question for a lawyer.
When I worked we had a client that's wife set up a life estate when she passed. Both had been married before with children. The house would pass on to wife's children after his death. Another client was his girlfriend and little by little she moved in. The son kept telling her the house was not his Dads. She should not be moving in. She had a house of her own but it didn't have a/c. For the nurses it was killing 2 birds with one stone. The man client started to fail and the son told the woman she needed to start moving out, this was a year before the father died. Well, he dies. She is told by the wife's daughter that she needs to leave. She tried to say that as his GF she had rights. Sorry, he did not own the house. So the GF had to leave and go back to her own house telling everyone in town the daughter had kicked her out, not also telling everyone she had a house of her own.
If this is you that you are asking about I strongly suggest that you discuss with the person that is POA for financial decisions and find out what the plans are and what has to be done. AND if you are not getting paid to care for mom you should be. And "room and board" is not compensation for caregiving. You should be getting paid at a minimum $20.00 per hour. Check the cost at a variety of agencies in your area. The caregiver that is assigned does not get what a family is charged so take that into account. And yes you should be reporting income, and taxes should be taken out. This will only help when you go to apply for Social Security this will be included as Work Quarters.
Discuss the "what happens when" now before it reaches a point where you are asked to leave with little notice. And there are procedures for getting a person out of a property. From formal notice to eviction. If you get along with family you want to avoid "bad blood, hard feelings"
Is says is your post that *you* are the one caring for your Mother. Is it you that you're asking about?
Are you living with Mom and are afraid that after she passes you'll have nowhere to go? And that you'll be considered a squatter, even though you obviously are not one?
The only thing I want to say right now is I would hope family would help this family member who took care of mom have appropriate housing after mom has passed. If it is not going to be moms home, than I would hope she's assisted in having a place to live afterwards.
I think you’ll find that their legal status - tenant or squatter - as to residency will determine what the owner of the property or their POA or the Executor of the estate (if owner deceased) can do to get them removed.
If the caregiver has changed their drivers license to the property address, they are a tenant, not a squatter. If they have keys and have mail in their name delivered there, they are a tenant. If they own a car and it is registered at the address, they are a tenant. Tenants have rights of occupancy. If this is the situation, then property owner or their legal assigns will need to go through & pay for whatever the courts require for an eviction process which allows the tenant to show why entitled to reside there. If your mom cannot do this on her own then you to have to yourself have legal documentation (POA, Letters Testamentary) that you can start an eviction process at the courthouse on behalf of your mom or her estate.
Squatters are trespassing. They have essentially broken into a home. Home needs to have been secured / locked / sealed in such a way that a break in was required for them to enter. Property posted in some way, like No Trespassing signs. The police can be call and and owner files a police report so squatters can be arrested. It’s a law enforcement action.
A live in caregiver is not imo a squatter. Caregiver is a tenant and tenants have rights which the eviction process looks at.
I’m guessing this is an anticipatory question; that you are expecting issues with live-in caregiver after mom dies & already an adversarial relationship between you and the caregiver. Is this accurate??? If this is the case, Imo unless there is dated & signed caregiving contract that spells out how paid & with FICA done, with a history of proper work schedules & time off, and contract details how she can resign or a grace period for her to move out after the elder dies or moves into a facility…. unless you have such paperwork, this will dissolve into a “she said vs she said” war of words. If mom or her POA did not pay the live-in properly, the caregiver can make your life hell. Like wage theft issues, IRS issues. You do not want to go there, if you can help it.
If this is at all the backstory, personally I’d suggest that you essentially buy her out to get her to move & do this asap; maybe offer 2 months of pay with a signed, notarized and witnessed agreement that by the payment she agrees to 60 days to leave and remove her personal property and leave her living space broom clean and include in the document that after 60 days utilities will be shut off and eviction notice will be filed.
Interesting question----I just dealt with my mom essentially squatting with her boyfriend, both extreme alcoholics. I had to file a Protection from Abuse order, as they made an incredibly unsafe environment for me to bring my grandfather home from respite care later this month. They then squatted in the backyard after me reporting a PFA violation.
ANYWAY, are you the POA, or do you know who is the executor/trix of the estate? After probate would be the time to either file an eviction ASAP, or sell. Do know, that even during the house selling process, someone can still claim squatter's rights. It's a mess. Unfortunately, you might want to evict them ASAP if you anticipate problems. It sucks and it's a raw feeling. If you feel really guilty you could buy them out for x amount of dollars to leave, idk.
What is the emotional status/closeness of this person to your loved one? We might need more information to proceed helping you :)
The person is a paid Caregiver, a live in. Just like with any live in when the client passes, the live in must leave. And this should have been made clear when the person took on the roll of Caregjver.
Does Mom have a Will? Is this family member a beneficiary?
Lets say the person is a beneficiary, the other beneficiaries can say the house needs to be sold. As such the Caregiver will need to leave, buy the house or be evicted. If not a beneficiary and the house needs to be sold or someone else wants to live there and the Caregiver refuses to leave, then you evict. Also, could buy the house.
I don't think anyone has rights to squat and I have read its hard to get rid of squatters especially during winter months or if kids are involved. And if living there with moms permission, I don't know about being a tenant, to me that means rent has been paid but it is the Caregivers residence.
I agree, good question for a lawyer.
When I worked we had a client that's wife set up a life estate when she passed. Both had been married before with children. The house would pass on to wife's children after his death. Another client was his girlfriend and little by little she moved in. The son kept telling her the house was not his Dads. She should not be moving in. She had a house of her own but it didn't have a/c. For the nurses it was killing 2 birds with one stone. The man client started to fail and the son told the woman she needed to start moving out, this was a year before the father died. Well, he dies. She is told by the wife's daughter that she needs to leave. She tried to say that as his GF she had rights. Sorry, he did not own the house. So the GF had to leave and go back to her own house telling everyone in town the daughter had kicked her out, not also telling everyone she had a house of her own.
AND if you are not getting paid to care for mom you should be. And "room and board" is not compensation for caregiving.
You should be getting paid at a minimum $20.00 per hour. Check the cost at a variety of agencies in your area. The caregiver that is assigned does not get what a family is charged so take that into account. And yes you should be reporting income, and taxes should be taken out. This will only help when you go to apply for Social Security this will be included as Work Quarters.
Discuss the "what happens when" now before it reaches a point where you are asked to leave with little notice. And there are procedures for getting a person out of a property. From formal notice to eviction. If you get along with family you want to avoid "bad blood, hard feelings"
Is it you that you're asking about?
Are you living with Mom and are afraid that after she passes you'll have nowhere to go? And that you'll be considered a squatter, even though you obviously are not one?
If the caregiver has changed their drivers license to the property address, they are a tenant, not a squatter. If they have keys and have mail in their name delivered there, they are a tenant. If they own a car and it is registered at the address, they are a tenant. Tenants have rights of occupancy. If this is the situation, then property owner or their legal assigns will need to go through & pay for whatever the courts require for an eviction process which allows the tenant to show why entitled to reside there. If your mom cannot do this on her own then you to have to yourself have legal documentation (POA, Letters Testamentary) that you can start an eviction process at the courthouse on behalf of your mom or her estate.
Squatters are trespassing. They have essentially broken into a home. Home needs to have been secured / locked / sealed in such a way that a break in was required for them to enter. Property posted in some way, like No Trespassing signs. The police can be call and and owner files a police report so squatters can be arrested. It’s a law enforcement action.
A live in caregiver is not imo a squatter. Caregiver is a tenant and tenants have rights which the eviction process looks at.
I’m guessing this is an anticipatory question; that you are expecting issues with live-in caregiver after mom dies & already an adversarial relationship between you and the caregiver. Is this accurate???
If this is the case, Imo unless there is dated & signed caregiving contract that spells out how paid & with FICA done, with a history of proper work schedules & time off, and contract details how she can resign or a grace period for her to move out after the elder dies or moves into a facility…. unless you have such paperwork, this will dissolve into a “she said vs she said” war of words. If mom or her POA did not pay the live-in properly, the caregiver can make your life hell. Like wage theft issues, IRS issues. You do not want to go there, if you can help it.
If this is at all the backstory, personally I’d suggest that you essentially buy her out to get her to move & do this asap; maybe offer 2 months of pay with a signed, notarized and witnessed agreement that by the payment she agrees to 60 days to leave and remove her personal property and leave her living space broom clean and include in the document that after 60 days utilities will be shut off and eviction notice will be filed.
Interesting question----I just dealt with my mom essentially squatting with her boyfriend, both extreme alcoholics. I had to file a Protection from Abuse order, as they made an incredibly unsafe environment for me to bring my grandfather home from respite care later this month. They then squatted in the backyard after me reporting a PFA violation.
ANYWAY, are you the POA, or do you know who is the executor/trix of the estate? After probate would be the time to either file an eviction ASAP, or sell. Do know, that even during the house selling process, someone can still claim squatter's rights. It's a mess. Unfortunately, you might want to evict them ASAP if you anticipate problems. It sucks and it's a raw feeling. If you feel really guilty you could buy them out for x amount of dollars to leave, idk.
What is the emotional status/closeness of this person to your loved one? We might need more information to proceed helping you :)