What to do if in my grandmother’s Will she left me her house but stipulated that she wanted her grown son and daughter to reside in it but they aren’t paying rent?
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What to do if in my grandmother’s Will she left me her house but stipulated that she wanted her grown son and daughter to reside in it but they aren’t paying rent?
What action can I take?
Asked on June 17, 2015 under Real Estate Law, Missouri
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
What do you mean by "stipulated"? Did she give them a life estate to reside there? Does the will state that you receiving the home was contingent on you entering into some enforceable legal agreement with them that would allow them to live there? If not--if you received the home free and clear, but the will merely states that she wants them to be able to live there--then you may well have the right to evict or eject them; the testator's (person making the will) wishes are NOT necessarily enforceable unless they actually are backed up by some legal obligation or structure. Take the will and any related documents to an attorney to review with you--while it's possible that you have to let them stay there, it's also very possible you do not.
And even if you have to let them stay there:
1) You may be able to demand (and if necessary sue them for) rent, or at least payment of costs/expenses, under one or more legal doctrines, such as unjust enrichment;
2) You may be able to sell the home to someone else and make it their problem.
The cost of a thorough legal consultation would be a very good investment for you. You need a lawyer to review the actual documents in depth with you.
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