Hello I am custodian of a house that belongs to my grandmother my uncle is executor in the will can he kick me out of here ?
Question Details: I have paid taxes on the house for 3 years he was living off her ss checks and now a 3rd party takes care of her bills while shes in constant care any help would be great.
I am a KS licensed attorney. I am unclear on the facts. Is your grandmother adjudged incompetent or does she have a legal guardian? Are you named in the will? Do/did you have any rent/lease agreement with her? Why did you pay the taxes? I need more information. Feel free to email me at sean@roadlawyer.net or call me at 913 441 5025 to discuss this further.
---Sean Santoro
Santoro Law Office
I am not admitted in Kansas. First of all your Grandmother is not dead so your Uncle is not the Executor yet.
When you say "custodian" do you have a formal agreement with your grandmother like a lease? Is she competent to speak with and execute a lease at this point?
At this point in time I would seek legal help from an attorney in your area. I am unsure if payment of the taxes could be construed as rent here. Are you receiving any interest in the house under the will? Your uncle will have the power to do as he needs to administer your Grandmother's estate. If that means clearing the house of contents and people, so be it. If your Grandmother is not competent then you may also want to discuss with an attorney reimbursement of the taxes paid from the estate once she passes, rather than claiming that a tenancy exists. Only an attorney familiar with all the facts can help. Good luck.
