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?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 5 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.


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