[kh1091]

My brother and I live in our Grandparents house, my grandfather passed away in September 2006 and my grandmother has been in a nursing home since October 2006. After my grandmother passes away, the house and its belongings are to be split equally among their four children. Since my grandmother can NOT make sound decisions; the power of attorney has gone to her oldest daughter (our mother). While still alive, our grandfather had a verbal agreement with his children and grandchildren; as long as they are in school or have a job; they can live at their house for free. Recently, two of their four children had suggested that my brother and I start paying rent. My brother has lived under this verbal agreement for 11 1/2 years, and myself for one year. My brother and I currently pay all bills (excluding taxes) related to the house. Some of the bills are in my name. We maintain the house and yard and have made improvements (i.e. fence, grass, ceiling fan, faucets) My brother has taken over care for my grandparents dog including vet bills. A few questions:

1. Can they force us to pay rent?
2. Can they legally evict us?
3. Do squatters rights and adverse possession apply here?

The situation has escalated over the past few months. I'm getting stressed out about the possible outcome(s) and/or legal consequences:confused:

[Fr_Chuck]

Yes, any agreement with the grandfather died with the grandfather.
A Power of attorney can merely sign for a person, if your grandmother is not of sound mind, someone needs to go to court and be appointed her guardian, Power of attorney does not contain enough authority to act on their behalf in many things.

Yes they can force you to pay rent

Yes they can evict you if they give you proper notice

No, since you were living there with permission of the people that owed it, there was never any adversepossession, and although on the books of many states, very few cases are actually approved.

[oneguyinohio]

Legally, the verbal agreement the grandfather made has little standing. All contracts with real estate need to be in writing to be enforceable. The grandmother could have chosen to continue the agreement.

You mother, as power of attorney can choose how to manage her mother's affairs, but she might be opening herself up to accusations that she has allowed you to take advantage of the grandmother.

As far as the upkeep you have done, I would find a monetary value of those expenses to be able to show what you have paid... and possibly consider that in place of rent. That might appease the other relatives for the present.

Additionally, you would want to know what affect it would have on your grandmother if she were to receive financial income through rental of that property... depending on her financial situation, that might have an adverse affect...

It would seem that something must be in her favor because nursing homes and care facilities often take the home and other assets...

Once something happens to the grandmother, the other children will be entitled to their share according to the will... or other process if there is no will.