The house is willed to the two daughters. A verbal agreement was made between our Mom & our Uncle in that he can live there rent free, expense free, use her car, use her credit cards for gas and groceries and in return he would take her to the doctors appts., the dog to the vet, make her coffee and make her dinner but not 24/7 care.....but there is nothing in writing. How to handle? Can he go back on the estate for caregiving salary? How do we get him out of the house if our Mom did not specify time, length of stay? Could he turn into a poacher and then what happens?
2)probate may not be required or necessary depending on how your mother’s estate is set up.
Mom's agreement seems to indicate that Mom needed some help and maybe the security of having someone in the house with her. Although her agreement died with her, it is probably appropriate to honor the spirit of the agreement by trying to engineer a soft landing for your uncle. Often it is cheaper and less stressful to negotiate the soft landing than going through a formal eviction or claim against the estate in probate court. My aunt, who had no care giving agreement written or verbal and lived rent free in my grandmother's rental house, was able to press a care giving claim against my grandmother's estate the probate court approved. You can always use the legal system to force your uncle out, why not try offering a couple of carrots first?
If that house was left to me and that was my uncle who took care of my mom, the only thing I would tell him is that he can live there as long as he wants.
Verbal agreements are legal, but once one of the consenting parties die, so does the contract.
Talk to an attorney to ensure that you are compliant with state laws to decide what happens from this point forward. He was a legal tenant and you want to make sure that you don't endanger yourselves by breaking the law.
No, don't think he can sue the estate for caregiving wages with no formal agreement. He received his "wages" in free room and board. He would have to supply written proof of any kind of agreement.
He may have to be evicted. But the daughters are now the new owners and can ask for rent and utilities to be paid. (Taxes are now the daughters responsibility as owners) Maybe daughters can set rent so high that Uncle will move out on his own. If not, he can be evicted for nonpayment of rent. Like I said, any agreement he had with Mom died with her. But you need a lawyer. I would think the same attorney can handle probate and eviction.
I'm assuming he's been living there for some time, so he may fall under state statutory protection and qualify as a "tenant", meaning he'll have to be formally evicted if he doesn't leave voluntarily.
There's another effective way. Who pays for the utilities? If it's the Estate, I would get an Elder Law attorney involved to send him a "notice to quit" (polite terms for "get out!") which would begin an eviction process. He should also be notified that the Estate after a set date (1, or 2 months, depending on state terms for allowing someone to vacate) will not continue to pay for water, heat or electricity.
An attorney can tell you about any applicable laws, especially if the house is in a cold weather state and refusing to pay continued bills might create a health and safety problem.
If he refuses to go, my general understanding (from laws in my state) is that the Sheriff's Office will send officers to physically remove him and his belongings, which may just be piled up in front of the house. At that point, he becomes homeless, so it's to his benefit to find alternate housing somewhere else. And that's something you could consider if you want to be generous.
Occasionally I did some landlord-tenant work for attorneys who handled such cases, and I always felt uncomfortable about having any involvement with dumping someone on the curb. The creditors had legitimate claims and legal authority, but the concept was just so harsh. It's humiliating, unsettling, and can be dangerous, but it's also a method of removal if someone refuses to go voluntarily.
As already suggested, terminate any accounts, especially credit cards. But who's paying these bills now, especially if your mother is no longer living? This also should be a task for the Executrix/tor/PR, as it needs to be done by someone with legal authority. Caveat though is if they both shared the card jointly, and he has the same rights as your mother did.
Yes, he can become a poacher, or squatter, and that's when you need an attorney (even a landlord-tenant attorney could handle this, but an elder law attorney could offer better insight into the Estate dynamics.
It seems your mother provided for him during her lifetime, and provided for the two sisters thereafter. Now it's time for him to be satisfied by her generosity and relinquish the house to the legal heirs.
A good attorney will know the best way to proceed. Money well spent rather than creating a mess on your own. Good luck.