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CinDee Asked November 2014
Parent's live with me, daughter to get house if I die. How can I keep her from evicting my parents if I die before them?
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I recently purchased a home (I am the sole homeowner) and my parents moved in with me. My will is currently set up so that my only child inherits everything upon my death. We are in the middle of an extremely nasty custody situation, and I want to protect my parents in the event that I should precede them in death. If I should die, then he would force the eviction of my parents either directly or through coercion as he has sole physical custody of our young daughter. I also want to protect the home as an asset and keep it from consideration if either or both of my parents would require nursing home care. What options do I have to protect their right to remain in the home while they are able while protecting my daughter's right to the home.
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4 Answers
JessieBelle Nov 2014
It sounds like you need to talk to an attorney about drawing up a life estate for your parents. It may be that you will have to make it so the house passes to them if you should die and then to your daughter. I do not know the technicalities, since they are not owners, but it seems like it would be do-able.
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freqflyer Nov 2014
I agree with Jessie above... you need to talk this over with an attorney. There are different laws when it comes to a minor child inheriting the property, she will need to have a guardian helping her until she becomes of age.
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pamstegma Nov 2014
You can grant your parents "life tenant" status. That way it stays in your name and passes to your daughter, but your parents cannot be tossed out. Fairly simple, see an attorney.
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AKAlicious Nov 2014
Speak to an estate attorney. Life tenant status will not protect your parents if the property needs to be sold for their care. You need something like a grant to your parents that will spring to your child if it remains upon death. Call your local bar association for a referral to an estate attorney. Have him draw up your will after explaining to him what interests in the property you want everyone to have.
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