I've lived-in with my good friend and her husband for 6 years but they've both passed. How long do I have in the house? - AgingCare.com

I've lived-in with my good friend and her husband for 6 years but they've both passed. How long do I have in the house?

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He passed away 2013, she passed 9/15. I worked 24/7 no days off and the kids would not help w/a day off for me, at all. Now one of the kids wants me out of the house. Do I have 120 days legally or more? I am having trouble finding a place to live within my means?

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debdaughter, from what I have read about "life estate" the person who is granted life estate can move out, but they are still responsible for the property taxes and the general upkeep of the house.... in fact, they can even rent out the property. Whomever inherited the house cannot get the house until the life estate person dies.
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fred, definitely no life estate; they wanted dad to sign the house over to them and he definitely was not going to do that; said I was to have it - maybe I do need to check with the other, maybe they assumed they were paying rent but I told them - being the sheriff's office - that he'd just had them move in with him to take care of him - and he was even being paid to do so but that's still what they said
we do have another life estate issue, however, except that the person who was granted the life estate did move out so we're not sure if they're still entitled to it or not
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Ramse570, once the 120 days is up, around Jan 15, they will serve you with an eviction notice. Start looking for another place ASAP. If the sheriff has to escort you out, there will only be 15 minutes to get your belongings and go.
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debdaughter, if a person is living in a house and never was paying any rent, it's my understanding that person is not a tenant, thus has no tenant rights. It would be more like a friend moving in and was agreeable to pay for some of the groceries or utilities. You would need to verify with an Attorney as it could be different from State to State.

Another issue would be if the owner of the home had placed this friend in his/her Will to grant "life estate", then that friend can stay in the house forever.
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I'm interested in the rights pertaining to paying household expenses as I have a similar situation on the other side of it and I was told the person staying with my dad has tenant's rights just by virtue of having lived there with that being his address
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I will add this; although I don't encourage it - if you were paying any of the household expenses in the past four months you may have some tennents rights. If the four months was an informal agreement and not a legal eviction period you may gain a little time by forcing them to evict you legally. I do not recommend taking this route as it can become a legal mess with court dates/appearances. In addition - as a previous post stated - this type of thing may show up on a background check and maybe even a credit report. This could have a very negative effect on future employment prospects as well as your ability to rent housing.
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Are the family members trying to get you to move out prior to the jan. 5th date? I'm no legal expert but I imagine the family views this as your living in the house rent free was in exchange for the care you provided. Now that both friends have passed they see that arrangement at an end. Jan. 5th is right around the corner - and it's very unfortunate that you're having a difficult time finding a new place - but if, in fact the family is honoring your friends wishes and allowing you until the specified date - well, I'd say you'd better get some plan together quickly. I say "honoring their wish" as since you had no other contract in place the addendum in the will may not have even been legally enforcable depending if it was put in place by a lawyer vs simply being written out by your friend. Regardless Jan. 5th is still just around the corner...While it puts you in a tough spot, Im thinking the family is trying to wrap up the estate and probate and need to get the house sold or whatever. That is totally understandable and given you've had four months rent free to find another place to live - it also seems reasonable. Since your friend passed, who has been paying the bills for running the house - electricity, water, garbage etc? If it's been the family then again, the four months is reasonable and also generous in my opinion - but again I imagine they'd like to wrap that up. I am truely sorry that you find yourself in this situation, especially at this time of year. But unfortunately one sees this all the time on this forum - caregivers working without a contract in place - then finding themselves homeless and broke when the person receiving the care passes.
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I was not paying rent but my female friend who passed away last, left in writing that I would be able to stay in the home for 120 days. Two of the kids hired a judiciary and she is calling and making me miserable. I do have to move out by Jan. 5 according to my friend's addendum to her will.
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Ramse570, were you paying rent to your friends? Or were you living rent free in exchange for caring for your friends?

Since your friends have passed and someone else owns the home, you will need to find a new residence immediately. Curious where you got the 4 month? Are you referring to eviction? Having someone file eviction on you wouldn't look good to the next landlord.
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Did you have a written contract, a lease, or an employment agreement that specified your rights as a tenant? If not, then I'd say you are out of luck. I'd assume the children have inherited the house and want to sell it.
Angel
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