Can my dad stay in the house?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can my dad stay in the house?

My father lived with my grandparents. His last remaining parent died yesterday. My dad paid all bills in the house for 17 years and was offered the house numerous times but he declined. My 2 uncles came to him today and said they wanted him out within 30 days. Does he have any legal way of staying in the house for now? Again he paid all bills, etc. My grandma took out a second mortgage years ago and dad was also paying that.

Asked on March 30, 2019 under Estate Planning, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Paying bills while living in a home gives you no right to the home: either you paid them for your own benefit (so you could live there) or you paid them as a gift to the owners (his parents), but in neither event is any right to the home or to continue to reside in it created. Similarly, living in someone else's home with their permission creates no continuing right to stay there.
What is happening to the home--who inherits it? And who is the executor (if there is a will) or the personal representative (if no will), since that person has legal authority over the home, subject to having to use that authority in accordance with who will inherit.
There are several possibilities: if there is a will and the home was left solely to your father, then he cannot be removed, since the home is to go to him, and removing him would be inconsistent with that. 
On the other hand, if either the will leaves the home to all three children, or there is no will and so all three inherit under "intestate succession" (the rules for who gets what when there is no will), then the executor or personal representative may remove him to sell the home and split the proceeds among those who inherit (since money can be shared or split in a way that a physical house cannot be).
If there is a will and your father is NOT inheriting the home in any way (e.g. it was left to other people or charities, not him), he clearly also can be removed.
So the answer to your questions depends on who is inheriting, and who is in the meantime administrating the estate.
 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption