Follow
Share

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.

Your friend told you she wanted you to have her house. She never made it legal. She probably used that promise as the carrot on the stick to make sure you stayed to take care of her. This is clever manipulation because you believed her - she is your friend. Well, maybe not.

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.
Helpful Answer (7)
Reply to Fawnby
Report
lkdrymom Aug 9, 2024
I have to agree. She used that as a way to keep you around. If she really wanted you to have the house she would have put it in writing.
(1)
Report
Evictions are for renters who don’t pay their rent. Foreclosures are for homeowners who don’t pay their mortgage. Are you using the two terms interchangeably? If so, know they are far different in meaning. Someone telling you a property will be yours, you living there, and having the address on your drivers license do not add up to an inheritance. I’m sorry if you were led to believe otherwise. If your friend has a home with a mortgage and is using Medicaid to pay for her nursing home care, then Medicaid has the complete right to place a lien on the property to recoup the cost of her care. In short, I think you need to find a new job and a new place to live. I’m sorry you were led to think this was something it will not be
Helpful Answer (5)
Reply to Daughterof1930
Report

If your former client owned the home, then are you saying it is in foreclosure? She can't be evicted from a home she owns.

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.
Helpful Answer (4)
Reply to Geaton777
Report

Curious as to who placed her in a "nursing home" and is this a "nursing home", Skilled Nursing facility, Memory Care, Rehab? What type of facility is it, what care is she requiring that you were unable to manage?

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
Helpful Answer (3)
Reply to Grandma1954
Report

My uncle died last November. He left a girlfriend/cg that was in the house but not the will. The CG said uncle had promised her the house plus $1500 a month. The children moved on immediate eviction.

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.
Helpful Answer (3)
Reply to PeggySue2020
Report

You have no rights to the home.

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.
Helpful Answer (3)
Reply to Jada824
Report

Is the house being taken for back taxes? You could probably pay the taxes and continue to live there awhile. We really don’t have enough info from you to help but the tax office just wants the taxes paid if that is the case. If you don’t try to change anything and pay the bills it could go on for a while.
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.
Helpful Answer (2)
Reply to 97yroldmom
Report

Sorry, no, you have no legal rights to the home. The home will either go to auction because the mortgage is unpaid, or the home is actually a rental (you said she is being "evicted"). When she is evicted or she dies and the brothers inherit and bring the home up to date by paying back payments, taxes, whatever is owed, then they, too, will have to deal with Medicaid recover (the nursing home itself doesn't collect, but funds the federal and state government put in for her care can be recovered upon sale of the home by the heirs.)

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.
Helpful Answer (2)
Reply to AlvaDeer
Report

You are getting a lot of conflicting info. You were a live-in for the purpose of taking care of a friend and seems paid for that. Your friend no longer needs you to care for her. So you can no longer live there. Even if she did leave you the house, if Medicaid pays for her care or will within the next 5 years that agreement is kind of voided. The house is an exempt asset while she is alive but when she is gone its an asset that Medicaid can recover some of the money that Medicaid put out for her care. I think only people related can claim a Caregiver allowance.

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.
Helpful Answer (2)
Reply to JoAnn29
Report

I live in NJ which is the highest state in the Union for property taxes. I stopped paying Moms taxes when Medicaid started. They were 6000 a year. Moms estate owed taxes from Aug 2017 to June 2019 when the house sold. There was 18% tacted on to the outstanding balance.
Helpful Answer (2)
Reply to JoAnn29
Report

See All Answers
Ask a Question
Subscribe to
Our Newsletter