If I live with and care for my grandparents, upon their death will the power of attorney be able to remove me immediately without prior notice?

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If I live with and care for my grandparents, upon their death will the power of attorney be able to remove me immediately without prior notice?

Or is there a set timeframe that I have in which to establish a new residence?

Asked on February 3, 2013 under Estate Planning, California

Answers:

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

Answered 8 years ago | Contributor

You sound like a kind and caring grandchild and your grandparents are lucky to have you with them.  Now, a Power of Attorney dies with the person/people for whom it is enacted.  What I think you mean is the person that becomes the Personal Representative of the estate of your Grandparents - the Executor named in the WIll or the Administrator if there is not will.  If you do not leave after your Grandparents pass and the PR is elected then they will have to evict you.  That would require probably a 30 day notice and then an eviction proceeding.  But they may want you to stay and ask for rent.  There are ways to negotiate this and you should speak with your Grandparents about the situation as well. Good luck.


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