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dotbabejules, we need a lot more information on the status of the property and who is trying to evict you. Caregivers do have rights under certain conditions. If we knew your circumstances, someone may have some good advice for you.
JessieBelle, I cant post too many details as lawyers are involved. Gladimhere nana IS grandma, I am in US, nana was not on Medicaid, she lived at home until she passed away. I have lived there 43 years and my nana passed away in March 2013.
Even if you didn't pay rent, you qualify as a tenant and have some rights. You need a lawyer, or legal aid. If you don't own the house, they can evict you, but you can use your rights to get a delay. You need legal help.
Jinx is right. If the house was sold to someone else or left in a will, the people have the say-so on what happens with the house. You have some rights of tenancy, but will ultimately have to vacate the house unless you can work something out. If the house had a reverse mortgage, the person that inherited the house will have to pay the loan or the lending company has the right to sell the house and recover the amount of the loan. The biggest question is who owns the house.
I am live-in caregiver for my 96 year old Dad, and one of seven represented in the deed. As I learn more, I will try to share, even though my situation differs because I am part owner, Trust Admin, and pending Executrix.
I should add that I have five hostile siblings of the six. Hostility started when I started assembling info on my Dad's assets in several of our names (constructive trust in NYS, as I've recently learned).
Who is evicting you? Have you been served legally? and what does the notice read? Have you paid on any maintenance, taxes, insurance or other costs on the property and do you have documentation on those (like canceled checks, receipts)? What was in Nana's will regarding her property and assets?
My mom was murdered in 1986. The house was transferred to remaining children, only one of whom is living at the present. I have paid some things and have receipts but my nana mostly paid for everything. Nana before death was legally blind with dementia, ileitis and mini strokes. I saw an attorney last week and need a probate litigator and have an appointment with another attorney next week. The first one and I discussed fraud/forgery (not APPLICABLE), undue duress, mental capacity and something called quantum m something Latin which would be my claim. I was told I could not fight the eviction if "family" won't work with me, but I can delay it. Despite a "no contest" clause in the Will, I have claim due to this quantum phrase.
You say the house was transferred to the remaining kids…so was the house even in your grandma's name at the time of her death?
If it still was in her name, are you a heir to the property through your late mother? In other words, once the property is sold, will you get any $ from the proceeds of the house?
1986 to 2013 is 27 years. You did not live there 43 years. So for 27 years you did not work or contribute? It would appear you have some sort of mental incapacity, and a social worker should be able to help you find sheltered living arrangements.
PS, I don't think we still know the entire situation. Your response a bit harsh, I think. Whether it is 27 or 43, that is a long time. We don't know how much of that was caring for Nana. There is much that cannot be said because of legal action. I would love to think this site is safe, but anything on the internet actually is not.
The only reason to be evicted would seem to be because she did not own the house or was way behind in her mortgage and if that is so, how did that happen? What was her monies being used for? Did you care for her all those years or just live there? I know of several people who lived with their parent and had to vacate when the parent died and the parent owned the house.
Dot stated that the house was left to her Nana's children and that one of them is still alive. The child that is still alive has a right to decide how the house is maintained or sold if necessary. Typically a grandchild, whether living in the home or not, does not have the right to inherit the home, like a child would. I was told this by an elder law attorney. Looking up the term "quantum meruit", it appears that the attorney that advised Dot recommended that she/he pursue monies due to her/he based upon past services rendered. This is an interesting concept. I'm unsure as to whether or not that would keep you in the house. Good luck and keep us informed.
I will keep you all informed, with the exception of psteigman :) Thank you all for your help. Yes quantum meruit. I meet with another attorney relative to that :)
I have been a live in caregiver for 3 months the patient died 3 days ago and daughter is telling me to leave now, what are my rights in Arizona? Also I was giving her CPR when she died and now can't sleep and not doing well mentally I went to the Dr today and was put on medication
In reading the parts about the years, it is possible dotbabejules was raised in her nana's house. Since her mother was killed in 1986, it appears using that year for the beginning of her stay is what you are using to determine her time in the house, pamstegman. I see nothing that contradicts her claim of 43 years.
dotbabejules, I wish you well in getting your concerns addressed.
joanna6969, I am so sorry for the traumatic nature of the death. Trying to revive your patient would indeed be stressful. I hope the medication, and time, helps.
You do need to vacate the house. Are you feeling like you need a little more time? How much more? Have you tried negotiating this with the daughter?
You do have rights, albeit limited. If you cant afford to hire your own lawyer, try Legal Aid or inquire at your County D.A.'s office about getting some pro bono help.
I would add that I, too, have the strange and debilitating problem of "hostile" siblings -- ones who lived, vitually, as if they had no living father for the last 4 years of his life. A sane person would think that if anyone should be hostile, it should be me and that all I should be hearing from any of them is a shamefaced "thank you". No, they're as bold as if they had been doing something, anything to make my life bearable throughout these sad, dark eleven years.
I'm sorry you're dealing with this, littleflower. Funny, isn't it, how they get all brisk and business-like about the money but never to the point of putting a dollar value on the care you contributed.
But you never expected any thanks, did you??? How are you doing, now?
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
Gladimhere nana IS grandma, I am in US, nana was not on Medicaid, she lived at home until she passed away. I have lived there 43 years and my nana passed away in March 2013.
Have you been served legally? and what does the notice read?
Have you paid on any maintenance, taxes, insurance or other costs on the property and do you have documentation on those (like canceled checks, receipts)?
What was in Nana's will regarding her property and assets?
If it still was in her name, are you a heir to the property through your late mother?
In other words, once the property is sold, will you get any $ from the proceeds of the house?
Please keep us informed on how things work for you.
Typically a grandchild, whether living in the home or not, does not have the right to inherit the home, like a child would. I was told this by an elder law attorney.
Looking up the term "quantum meruit", it appears that the attorney that advised Dot recommended that she/he pursue monies due to her/he based upon past services rendered. This is an interesting concept. I'm unsure as to whether or not that would keep you in the house.
Good luck and keep us informed.
Thank you all for your help. Yes quantum meruit. I meet with another attorney relative to that :)
dotbabejules, I wish you well in getting your concerns addressed.
You do need to vacate the house. Are you feeling like you need a little more time? How much more? Have you tried negotiating this with the daughter?
But you never expected any thanks, did you??? How are you doing, now?