Two family members have been very good to my Mom. My Mom and Dad’s savings have paid all the living expenses of a small rural home since my Dad died. And paid a small salary to the 2 family members in the last year when my Mom became bed ridden requiring 24/7 care. The Family members have worked and gone to college and are in the last semester of a Bachelor’s Teaching Program. The Family members did not plan ahead so have nowhere to move and have several animals (8 cats/1 large dog).
The home has not been well maintained. The Executor is very wealthy. The Executor wants them out in 30 days to sell the house so he can close my Mother’s estate in 90 days to save taxes.
My questions: Does any of this make sense? Can anyone help me with the legality of requiring them to vacate in 30 days? Any suggestions for where they can turn to for help and/or advise/hire counsel?
Thank you.
Is the Executor a member of the same family as the Family Members?
God knows I am in no position to criticise caregivers who do not Look Ahead; but even so. People who acquire eight cats and a large dog when they have no secure home of their own are a bit... optimistic. Can you give them any help on that front?
She had 11 cats, all in very healthy condition, and they were each beautiful cats. She had more opera albums than I've ever seen, dozens, if not hundreds. Every year she took her vacation by spending two weeks at the Met.
And her house was full of beautiful antiques, in pristine conditions. Her house was so clean someone could literally "eat" off the floor.
She was a professional, working in a highly demand position, yet managing a house better than I could even imagine. She was an educated, accomplished woman, and well respected in the firm.
Admittedly the OP wrote that the house "hadn't been well maintained." That doesn't necessarily infer it's b/c of the animals. Going to school is demanding, and exhausting, as is caregiving.
Giving them the benefit of a doubt, the siblings may feel that their education and animals are higher priority. That would be my position.
The question to me is whether the house is clean and safe.
However, it’s hard to imagine what the ‘deadlines’ are that compel the executor to get them out of the house quickly. Many estates take years to wind up, including dealing with taxes. The 30 day notice is hard on the carers, particularly if they have final exams coming up in a couple of months, but if they have given no indication of planning to leave, the executor may think this is the best way to push the issue.
The ‘best’ thing to do might be for the residents to present the executor with their plans to leave once their courses are finished, and ask for an extension. They could indicate that otherwise they won’t leave and will challenge the eviction, in which case it would take that long to settle things anyway. If both sides dig their toes in, no-one is being reasonable. But the residents have to go, sooner rather than later.
My situation was different and the determining factor had to do with the building not being up to code but find out what the tenants rights are in your state. Some are stronger than others but they all have some protections on the books. Call HUD and ask if there are federal laws that apply to this situation. Lots of states have tenants rights associations, they may be located in the larger cities but they will know the laws and protections that are in place. If there is a legal aid organization in the state contact them, explain the situation and ask if they can help.
I wish you and these caregivers the best of luck.
Unless there was a written agreement about use of the residence after a death, the executor is within their rights to insist on vacating the premises. Can an agreement to allow a few more months be drawn up, if the people living in the residence pay rent or the taxes (assume property taxes) that will be due ? If the home was not well maintained, it may be a while before it's ready for sale, or if it sells "as is." Also, with that many animals, a rental for the "family members" will be hard to find and they need to get on that immediately. That effort may convince the executor to allow for a few extra months.
1) Fight the eviction. Depending on the city and state, this can take years. Eviction is not as simple a people think. It's only that simple when the person being evicted goes along with it. Many times they do that so they don't have a history of eviction. Since if that happens, much like a bankruptcy on a credit report, it will be hard to find a place to rent. Landlords don't like to rent to people that have been evicted.
The family member AKA tenant, should check with any local agency or organization that helps renters. Some cities have government agencies that will help tenants fight eviction.
2) Contest the will. It's a will and not a trust right? Or are you using the word executor in lieu of trustee? If it is a will, fight it. That's what probate is for. Which brings up how can the house be sold before probate ends? Probate can take about a year.
3) Whether it's a will or a trust, challenge the executor's authority. Be careful if there is wording in the trust or will that says that if anyone challenges and loses then they forfeit any inheritance.
These are just the mindless ramblings of someone who doesn't know anything. Please consult a lawyer or other organization about available options. There are many organizations that provide help for free.
Do you think there is any grounds to contest the will? Even if probate is delayed, the residents can still be evicted.
Are you just suggesting people go to court with no grounds? I really think it hard to find any lawyers willing to take these type cases for free, or even on a contingency. I certainly hope if these people take your suggestions they realize they will likely never get a dime from the wealthier family members.
There was a reason the deceased picked the executor she did, and not her daughter.
What doesn't make sense to me is the rush to close the Estate.
Is there enough equity in the home to trigger inheritance taxes? Is the PR aware of the step-up issues, i.e., that the value of the home is stepped up on the date of your mother's death (at least that's my understanding; this should be confirmed with an estate planning or elder law attorney).
Is it a property tax that's the issue? What specific taxes are the concern?
I can't help thinking that avoiding taxes is an excuse for an ulterior motive.
It occurs to me that the PR may already have a buyer lurking in the wings to snatch up the house at a good bargain.
I can't speak to the legality of a 30 day notice in this particular situation when siblings were live-in caregivers, although I do think that a 30 day notice is fairly standard for evictions. The time period would depend on state statutes.
For help, I would (a) search the state Bar Assn. and local bar associations for landlord tenant attorneys, or real estate attorneys, and ask for reasons to request a stay of an eviction notice (which I assume hasn't yet been served?), and (b) research your state's landlord-tenant statutes for requirements of eviction.
Take the same approach in locating elder law attorneys, but do your research on firms before hiring one. I recently wrote on what I'd do to find an attorney but can't locate the post right now.
I would also ask about the rush to evict, whether their having lived there and established residency would allow additional time for them to find alternate living places.
Curious, to whom do the furnishings and contents of the home go? To the helping siblings?
Personally, this seems to me like some kind of vendetta, but certainly not good sibling behavior. I might even ask an attorney you hire about whether or not the PR is overstepping his/her boundaries.
BTW, the challenge to a will which can negate an inheritance as referred to by NeedtoWashHair is known as an "in terrorem" clause.
It may not even go to that. A simple conversation stating intentions to fight may do it. I was once evicted. Not a bad eviction but a simple the place was sold so the new owners wanted to live there eviction. I woke up to find an eviction notice taped to my door. There was no way I could move by then. So I told them that I can either fight it or they can give me a couple of more months. They gave me a couple of more months. They even gave me a glowing referral when the next place I moved to called for a one.
All has been “ worked out” with my family. The Primary Caregiver is finding a home for her cats and herself. The Executor is working with them and other family members to get house ready for the market to sell.
All is good once the Shock of losing our Dear Mom.
Thank you!
Like said, sounds like Executor may have a buyer if he thinks he can rap up in 90 days. If not, it may take time to sell a house. In the meantime, I think it would be nice to allow the Caregivers to stay in the home until the term ends. But in that time they should pay utilities at least. Taxes can be let go and paid at time of closing when the house sells.
What surprises me is the animals allowed to be in the house. My township only allows 5 a household. Since some of the cleanup is probably going to be because of these animals, the caregivers should do the cleaning. If the Executor agrees to wait before evicting them, now is the time to find homes for these animals. No apartment complex or person renting a house will allow these many animals.