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.
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.
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.
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
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.
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.
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.
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.
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