I've been a live-in caretaker for a friend since 2018. I’ve been being paid, through an agency, off and on throughout the years. My address has been the same address as hers throughout this time as well. It's on all my legal paperwork (license, etc.). My friend was recently placed in a nursing home and is now under hospice care. She has told me throughout the years that if anything were to happen to her, the house would go to me but, it is not in writing. I recently found out that she is going through an eviction set for next month. She told me it was taken care of. I am willing to attend court and pay the minimum amount to stop the eviction, but am worried the nursing home will come in and take it. She has two brothers, but there is no living will. I do know that she recently gave POA to her brother. I've expressed my concerns to him but haven’t heard back. She's always told me that no one in her family would want the place. I don't know what to do or how to proceed at this point. Nor do I want to be homeless. Do I have any legal rights at all? This is such a mess! Please advise.
This is what I want for my mom, I want her to use the income of her house, so that she is getting good care
You need to talk to an attorney but at this point I doubt you have any legal rights other than as a tenant. In some places those rights are strong.
She gave POA to her brother. Not you - but someone else. That means brother can sell the house, rent out the house, and not only is in control of the house but all her assets and other property.
You've been used. You won't hear from her brother unless it's an eviction notice. I'm very sorry but it seems wiser to cut your losses, find another place to live, and move on. She wasn't much of a friend, and that's very sad.
If she is getting evicted, are you sure she owns the house? Why is she being evicted? Not paying Property Taxes?
I would go to that hearing and find out exactly what is going on.
The only way you could inherit the house without a big hassle (or a written Will) is to get her to sign a GRANT DEED with a Notary present to witness her signature.
That way when she dies, you automatically own it.
Hopefully this gets done immediately. You can go to a Paralegal place to get the Grant Deed done without huge cost (it is 1 page), then take it (with a Notary) to her to sign it. THIS MUST BE DONE AS SOON AS POSSIBLE.
Get 2 copies made, and keep them in a safe place.
FILE IT at the County Assessor's Office in person. The original Grant Deed will get mailed back when it is recorded in a few weeks.
The NH may have a lien on the house already. That lien (if any exists) will have to wait until you die (or sell it), if you are the co-owner.
If her telling you that you will get her home if anything happens to her is not in writing it has no value.
You mention she is being "evicted" does she actually own the house that she promised to you or is she renting? If she is renting she can not "give" you something that does not belong to her.
If she owns the house then she may be in foreclosure. That means there is probably quite a bit owed to the bank or other lender and possibly back taxes.
It is possible that the 2 brothers have a stake in the house if it is a longtime family house.
I would not count on getting this property and in the future get ANY "promise" in WRITING
You should really ask a lawyer what your rights are to stay in that house since you've been living there for years. And, were you paying rent at all during this time (since you said that you were caregiving thru an agency on and off during this time)?
You should find out what your options are by discussing with a lawyer as soon as possible - and that will educate you as to your next steps and how soon you'll need to make alternate plans, if needed. As it stands, I assume you'll need to find new employment as well.
Also, if your friend was placed in a nursing home and her health condition required more than what you could manage, then the nursing home would be applying her assets (i.e. her home) towards her nursing care costs. That's for sure.
Wishing you the very best ~
There may be ways for you to squat in that home, but should you? Maybe her PoA needs to sell it to pay for her needs or clear up debts, even if she is in hospice. You will need to move out at some point. Don't do it in a crisis while the Sheriff is shooing you out.
You can find and pay a lawyer to help sort through this mess. We're not lawyers and laws are local, plus we don't know all the details and are only getting your side of the story.
"if anything were to happen to her..." this means death. Even if she had a Will, she is still alive and it wouldn't make any difference right now. If I were her PoA I probably have bigger fish to fry now so not surprised they aren't calling you back -- and probably won't. Start looking for other housing since they're either dealing with a foreclosure or an eviction notice for you. So sorry it came down to this but many a misinformed or delusional senior has made similar promises.
I would recommend that you contact an attorney that can guide you on the laws in your state, because they vary greatly and that will be the guiding factor in what happens.
It sounds like foreclosure has happened and now she is being evicted by the new owner, this would extend to ALL residents in the house. Can you explain what is actually happening?
If Jodi can pay the taxes and keep the house from being sold at a tax sale, she might be able to live in the house long enough to get her life on track. If the relatives intend to deal with the house at all, they would have to evict Jodi and that takes time. The owner hasn’t died. Medicaid recovery is possibly months/years off. Utilities can’t be turned off on a tenant legally.
Depending on access to rentals, amount of rent, yada yada yada, Jodi might do better to leave or better to pay the taxes and see what she can negotiate.
Hard to know with the little info we have. Igloo has explained more than once that the lien might be there but not visible at the court house at this point. I think it’s doubtful Jodi can get title unless the owner on hospice could deed it to her or has it in her will but she could possibly have a roof over her head for a bit longer.
‘Since the paperwork would have been served to the home, Jodi probably already knows if she can afford to pay the taxes or not.
For all we know the brothers may have been told that the owner wanted the property to go to Jodi and they don’t feel compelled to pay the taxes knowing Jodi may have a claim to it. There are simply too many unknowns. An attorney is needed to help sort it out.
If I were about to be homeless and could afford to pay the taxes, I would pay the taxes…if that is the reason for the eviction.
Evictions are not only for rental property. we don’t know what is in the will if there is a will.
In some states, for the elderly, taxes will be excused until the owner dies but paperwork has to have been done before it gets to the eviction stage. That would be worth checking out as well.
I told them then to offer go-away money starting at 20000. Yes one of the kids is a lawyer but he’s not licensed in Hawaii meaning that he needs a lawyer to settle this out. That’s barely the first retainer.
Being that there is no will, the brothers will coinherit the house in probate several months from her death.
The ethical thing to do now is approach poa brother as to whether you can remain there after death as a caretaker. These brothers need someone to distribute, donate or discard the owners belongings as well as let contractors on the property to do what realtors recommend.
You are basically left with a homeless shelter. Try to start now looking for a job. You have been a full time caregiver for years. Start looking at your local care facilities which are always in need of help. Remain in the home until she is gone, or until and unless the home is served eviction notice for her AND for you. Just remain there and save as hard as you can so you can at least rent a room somewhere rather than be forced into shelter. If she dies and the brothers inherit it will take them time to get the papers together, get the inheritance settled and to evict you. So just stand your ground, get a job, work and save like crazy so you have the funds to move on.
In my own city, San Francisco, it is typical of landlords who want "renters" or "squatters" out of a home to pay for moving costs and some other funds. As Peggy Sue said, you can perhaps get them to pay you to move.
Good luck.
The eviction is to get you out or to get her out? From what u write she owned the house so for her to be evicted she had to not be paying taxes and maybe water and sewage. Or Mortgage.
I would pay nothing to get her caught up because you have no rights to the house, considered a tenant or not. You may need to speak to a lawyer but I think its better you realize that you need to find another place. You are just going to make things harder for the POA. Go to your Social Services and see if you can get help.
It would make more sense to secure new employment, and find a rental. Yes, there are expenses for moving out, but worth it so not to be stressed by the unknown.
Let the friend's brothers know where you have moved, just in case there was a Will. Once your friend passes, check with the Probate Court (usually City or County Court) and let the Judge know of your concerns.
Nope
In the absence of a surviving spouse, the person who is next of kin inherits the estate. The line of inheritance begins with direct offspring, starting with their children, then their grandchildren, followed by any great-grandchildren, and so on.
is it written that it’s you are being evicted? If so, and you have the house as your legal address, then you are a resident of the property (and not a squatter) and the court hearing is to determine under what terms you are residing there and why eviction is ok to do. A hearing officer or judge makes a binding decision. If you do not show up, they rule in favor of whomever filed the eviction. The utilities should not be shut off until all this is settled. Often if you show up and show why it’s ok and you have an agreement to be there, whomever it is who wants you out will do a “cash for keys”…. they pay you to leave & maybe 2-3 months rental rate for your city.
OR
is the eviction due to house has a new owner because the lady did not pay her property taxes for several sequential years (usually 3 yrs delinquent then can be redeemed) and it has gone into the redemption phase of County tax sale. If that is the case, that is way more difficult imho for you to ever stay. The new owner via tax sale deed has no obligation to deal with anything associated with the property past. They can shut off utilities, change locks, everthing into a dumpster. They can bulldoze. Have you arrested for trespassing. It will be the county sheriffs department who does the eviction and they tend to be ruthless.
Whichever it is, you really are in a totally precarious position as you are not the owner and so have no control over what happens to the property. You are going to have to find new housing. It’s just a matter of whether its 30-60 days or next week.