Does an adult child have the right to remain in the family home if the only surviving parent is ina nursing home?

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Does an adult child have the right to remain in the family home if the only surviving parent is ina nursing home?

My sister has lived in the house her whole life. The Will has my father dividing all the assets among his 5 children and doesn’t have any special provision for the child living in the house. Our oldest brother has power of attorney and wants to sell the house now.

Asked on January 3, 2012 under Estate Planning, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Whomever has legal authority over the home--either the owning parent, or a child with a power of attorney which includes power over the home--may elect to sell the home at any time. If the child residing there is a guest (does not pay rent), she can be asked to leave at any time (and if she won't leave, the police should make her leave upon the request of owner or POA). If she is paying rent without a written lease, she can be given 30 days notice to leave, then evicted after that; if she is paying rent and has a written lease, she may be be evicted only if she has violated the lease or at its expiration.

In any event, though, the owner or POA can sell the home notwithstanding that a daughter is living there--even if she has a written leave, the home can be sold, albeit with her as a tenant for the balance of the lease. The will is irrelevant: a will only comes into play after the testator (the person making the will) passes away.


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