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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33724
Experience:  15 years real estate, Realtor. Landlord 26 years
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My sister passed away in Feb. 2016. My son was living with

Customer Question

My sister passed away in Feb. 2016. My son was living with her since 2012 in the home. My daughter inherited the home and has given him written notice to vacate the home in 30 days because she wants to sell it. He has done recent remodeling and roof repairs. My sister had said she wanted Paul to have the home but it was not in writing. Does he have any rights?
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Barrister replied 6 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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My sister had said she wanted Paul to have the home but it was not in writing. Does he have any rights?

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Unfortunately, the answer is no. Legally he would be a tenant in sister's home and if it has already passed to your daughter, then she is now the legal owner and can evict him after giving him a written 30 day notice to vacate.

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While she may have said she wanted son to have the home, it is what she actually did in her will in leaving it to daughter that counts..

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As for the repairs and improvements, if there was no agreement for sister to reimburse him for those things, then none is implied by law and son would be considered to have made a gift to sister. That is always a danger when you invest money into property that is owned by someone else without anything in writing..

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

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