What to do if my 88 year old mother has lived on the back portion of my late sister’s property for 15 years ands was told by my sister the she could live there the rest of her life?

My sister is deceased as almost 1 1/2 years ago. Now, her husband of 6 years owns the home. He is trying to sell the home and property and so my mother will have to move. Does she have any legal rights at all?

Asked on November 9, 2012 under Real Estate Law, Kentucky

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am wracking my brain to come up with some theory that could establish her as a life tenant but really more information is needed.  Is there a life tenancy deed (Kentucky recognizes them) or was there a Will or are you claiming that this is an "oral" bequest (which with real estate this becomes an issue under the statute of frauds)?  The best that you can do here is establish a tenancy which will give her some rights but eventually she will have to move.  Get everyone involved  - Social Services and the Center for the Aging in your area.  Good luck.


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