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After my aunt had a 2nd stroke I quit my job to be her caregiver. We owned a house together. She paid me $100. a month and food. It was her belief and mine that I would receive the house in full after her death as my name was on everything else. She even told her doctors' this. Well since she passed away with no will I have been told that the house was not put in joint tenancy but in tenets in common which means probate and I have since learned that a nephew who never wanted to talk to her (over 24years) will inherit 1/2 of her estate and wants me to sell the house as fast as possible. I just began probate and have been told that since I am unemployed I have no choice but to sell as quickly as possible to pay him, since I have no income I have also been told that I will have a very hard time finding a place to live. There is no HUD housing where I live as they ran out of government funding and I don't qualify for senior housing because I am 55 years old. The sad part is that I lost 15years of having my Social Security Taxes being paid and if I can find a job I will have to continue working until I die.

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Sorry, I forgot to address your original question. I'm not sure (a) what would be the grounds for suit, other than anticipated inheritance, which I would think had to be in written (b) who you would sue, and/or (c) who would pay for the suit and/or any damages that might be awarded.

And it seems as though the house is the only estate, so I'm not sure what the damages and/or benefits could be.
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States have different lineages for people who die intestate. You state that the nephew will inherit 1/2; do you inherit the remaining 1/2? Since your both of the same level lineage, it might be that you have equal claims to the estate, but this is really a legal issue which someone familiar with the intestate laws in your aunt's state of residence would have to address. I take it that through the Probate proceeding someone knowledgeable has given you advice, including on the issue of selling the house?

I don't know if this would have any bearing, but if you aunt only paid you $100 per month, then I'm assuming you paid the mortgage and other maintenance, etc. costs? But this was HER house? Is the mortgage paid for or are you still making mortgage payments?

As to HUD housing, you might have to move to get Section 8 housing.

You're really still young at 55. Explore opportunities at a local community college for grants for in-demand professions to see if you can get a grant or even scholarship assistance for a new career. Imagine this as an opportunity to re-invent yourself. It's probably a daunting possibility, but it is doable.

Even part-time positions will rebuild your resume.

You state your name was "on everything else" and that you will have to "sell as quickly as possible" to pay him. I don't understand. Could you explain?
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Hmm - OK, so what is your fractional % of ownership? This is going to make a big difference in what can be done. Was it 50 - 50 for you & auntie?.

Also are their other lineal heirs for your aunt? You need to think hard about this because if there are others besides nephew, then they each stand to inherit equally from whatever is in her estate (her % of ownership and any other funds). That will dilute what nephew can get and make your position to keep the house stronger. Doesn't provide for money, but makes your situation more in your favor.

So did she die without a will? If so, then she died "intestate". For most states, if this is the case you can't do probate as you need a will to enter probate. Intestate does the lineal heirship route to establish heirs. Is that what you are doing?

But whatever the case, if you really do not have any money, no income, then selling the house can give you an opportunity to get some needed income upon the act of sale to be able to find an apartment and get on with your life. You could have another 40 years and there is no reason why you cannot reinvent yourself. I would suggest that you be in charge of the house sale too as you can continue to live in the house rent free as you are cleaning & maintaing it till sold.

Now out of curiosity, just how are things going to be paid for the period of time when the house is on the market?? who is going to pay the taxes & insurance on the property too? Yard work? If you pay any of these items, you need to bill the property (with documentation) so that you are reimbursed for your paid expenses from the act of sale.

When you turn 62 you can draw SS. Now it will be reduced by 25% of what you could draw at 66 but it would be guaranteed income. Good luck.
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So sad and so unfair why didnt she sort this out when she was alive? I hope you get sorted soon!
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If she was on Medicaid when she died, he won't get anything until Medicaid takes their part. Tell the nephew to talk to the lawyer. Do not list the house for sale. You do have a choice. You have lots of time left to get a job and pay into social security. What was the "everything else"? and who is going to be the fiduciary?
In the mean time, get food stamps and HEAP and Medicaid for yourself until you find work.
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