When can siblings force caregiver to move out of Dad's house?

Thank you all so much for your comments. I hadn't thought about the equal obligations part. I believe my sister thinks that if I am living in the house, I should be responsible for anything and everything to do with the house including paying for workers and materials to get it ready to sell. Also, someone needs to be here to maintain the house and the large yard. While I am doing all of this with no help from them, somehow it doesn't seem fair that I should be paying them rent, especially since it is them who are pushing the sale. The house has some sentimental value to me, as my Dad built much of it, and it has his beautiful woodwork, gazebo and landscaping, but not to sister and son. I will start exploring options about staying/selling. I really like the idea, Garden Artist, to have a predetermined period of months that I can plan on being able to stay there. I had not heard of a Codicil, but that would be a great thing to have in place if I can get Dad to address it. He doesn't seem to want to think about anything that happens after he is gone. Hard for me too. Thank you all for the helpful suggestions.

FF has given me another idea. Your father could add a provision to the bequest in the Will, via a Codicil, providing that you have a given time by which to find another place to live. E.g., he could specify that you have 3 months, or maybe 6 months, to find another place to live. He would also wisely address the cost and maintenance issues though.

chandraclaws, the only way you could remain in the house is if your parents or your Dad had something legal drawn up and made a part of the Will in exchange for your time as caregiver. Otherwise the house becomes three equal shares.

What happens afterwards depends on what everyone agrees upon. Is the house worth any hard feelings, and possibility abandonment between the siblings? You could remain in the house while it is being listed For Sale as homes show better if someone is living there. Maybe in exchange for rent, you maintain the house during the listing period. Keeping a house in model condition isn't easy. Yikes a Realtor is coming and the bed isn't made, laundry is piled on the washer, and the cat just threw up.

GardenArtist had a good idea about seeing if you could buy out the other two shareholders. Is there currently a loan or reverse mortgage on the house? Either one would need to be paid at the sale of the house.

Katie, the OP is living in the house and caring for her father. She doesn't mention being paid for it, so perhaps her living there is in lieu of getting paid for caregiving.

Well..if you are the one living there, I think you should consider that paying only 1/3 isn't fair. You may have to pay the entire tax and utility buy only 1/3 of the mortgage. Anyway, there is some value to living there and you should expect to pay for that.

If it is a three way split, they have to pay their one third each of the taxes, insurance and mortgage. Keep records. Be prepared to bill them for their portion. Get a good lawyer.

This is an interesting question - you each will have a one third interest, so theoretically, equal rights, and equal obligations ( which means that your sister would have to share in 1/3 of the expenses, including taxes and homeowners insurance.)

I don't know that any one of the named beneficiaries could act independently and force a sale; I think the action will have to be joint.

I think I would start exploring your options now. Speak with a banker and determine if you could get financing to buy out the other 2/3 shares. Do some preliminary searching for housing in the areas of interest so you have an idea what the market is.

Sometimes we're in for quite a shock when we consider the cost of getting a loan and maintaining a place owned by someone else. Best to do some research now so you have options that can go into action when the time comes.

And one that might be difficult is ensuring that your sister pays her fair share of maintenance after inheritance. I would also think seriously about discussing that with your father. A Codicil (amendment) to the will might clarify that she is obligated for her 1/3 share of the costs until disposition of the house.

Well...since the house is 1/3 yours AFTER you all inherit, they cannot force you to pay rent. They can go to court and get an order to force the sale of the place. But, they cannot simple force it with a judge ordering it if you refuse.

So, try to make a deal with them. Failing that...point out that they will have some big legal bills if they cannot or will not come to an agreement. It isn't cheap to go through the civil court system.