Real Estate Ownership?

[Anjelita]

Again, thank you for the responses. I did speak to a few real estate attys today, they told me the same thing, unless there's something in writing, I have nothing. Even worse, since there is no lease she can ask me to leave at any moment. Scary! My only option is to save, save, save till she asks me officially to leave. I feel bad, I hate to leave my grandparents alone not knowing if they are OK mentally, but if I get involved with that I run the risk of getting kicked out asap. What sucks big time is just a few weeks ago there was a house that was being foreclosed on next door to my in laws (awesome condition - lady died, children couldn't pay the taxes), we could have afforded it but didn't go for it because of this house. Oh well! I'm crossing my fingers things might settle and I can just buy the house from her.

 

[tranquility]

Again, thank you for the responses. I did speak to a few real estate attys today, they told me the same thing, unless there's something in writing, I have nothing. Even worse, since there is no lease she can ask me to leave at any moment. Scary! My only option is to save, save, save till she asks me officially to leave. I feel bad, I hate to leave my grandparents alone not knowing if they are OK mentally, but if I get involved with that I run the risk of getting kicked out asap. What sucks big time is just a few weeks ago there was a house that was being foreclosed on next door to my in laws (awesome condition - lady died, children couldn't pay the taxes), we could have afforded it but didn't go for it because of this house. Oh well! I'm crossing my fingers things might settle and I can just buy the house from her.

You are, at the very least, a month to month tenant. While you can probably be evicted with a 30 day notice, it might require a 90 day notice on the argument you have been there for years.

 

[Searchertwin]

the OP has no claim for title of the house. If one wants to go with the premise it was a gift, well, since it would be a unilateral gift with no consideration from the OP, such gifts can be rescinded prior to transfer with no cause of action on the recipient's part. Since title remains in grandma's name, there is nothing OP can do to claim title.

I didn't say she had claim to the title.

If you want to try to turn it into some sort of purchase, the statute of frauds precludes any cause of action since there is no written contract.

I don't know how you brought in statute of frauds. I didn't say there was a written contract.

All real estate transactions must be in writing.

Your so bright


I think you just like to twisting words for sake of arguing. Well, enjoy

 

[Searchertwin]

Both Grandparents are well into their 70s, my Grandfather is definitely showing signs of dementia, but Grandmom is refusing to tell the doctor. Husband checks on them all the time, we call, visit, offer help, he maintains her house for her etc. I offered for us both to sell our (her) houses and try to find neighboring houses so I could take care of them as they got older. She's NEVER been mean to us, has always loved me, husband and great grandkids.

Legally, no, nothing was ever in writing that this house was a gift to me. It's in her will that this house, her house and her $$ goes to me, life insurance is in my name, but that's all there is in the way of writing. At this point I'm scared for her and my grandfather, but I'm also scared to approach her about seeing a doctor because she might spazz and demand I leave right away. No idea what to do

I'm glad that you take care of grandparents and seem to be very understanding about their health. I had a feeling about the situation as you describe it. I am glad to hear about the will. I am glad that you are talking with them as suggested.

What can you do? Contact Social Service and ask about someone to come do a home visit and sit and talk to your grandparents. Inform them to not give out you name. Contact their doctor and ask him what would he suggest. His hands are tied a little, but might give you something. There are programs out there, but my mind goes blank.


I wish you the best, you sound like a loving and caring granddaughter. The answer is on the way if you pray and ask specifically for what you need.

 

[justalayman]

I didn't say she had claim to the title.

you did say in reference to grandma:

In her eyes, this house is still hers.

that suggests title has somehow transferred to the OP. Grandma believes, in her eyes, the house is still hers because it is still hers.

I don't know how you brought in statute of frauds. I didn't say there was a written contract.

that's why I brought in the statute if frauds; because there was no written contract. It was to refute any belief even an oral contract (if anybody is thinking there is one) would not be enforceable.

Your so bright

You are not the first person to say so. It started way back when when I was about 5 years old. My dad used to set me on his lap and have me read the newspapers to everybody to show them just how bright I was.

I think you just like to twisting words for sake of arguing. Well, enjoy

I was making a plain and simple statement that the OP has no claim to the title of the house. I did nothing to twist your words.

Now she needs to take action.

so just what action were you suggesting she must take now?

Unless it was to start looking for another place to live, she has no real action available to her.

THan later on, you need to get something in writing stating the house is a gift.

and that would mean what? As I said, a gift with no consideration from the recipient can be withdrawn by the giver until title has transferred. that something in writing stating it is a gift will not mean anything if challenged. In fact, grandma could change her will (OP might want to be cautious about pissing off grandma) and end up without the house at all.


maybe some of your confusion is hinted at here:

But my kids know the house is theirs. A Living Will recorded, in court house dictates that.

apparently you do not realize a couple things:\\

1. a living will is an another name for an advanced medical directive. It is used to make your wishes known concerning whether your relatives pull the plug or leave it in.

2. registering a will, any will, in a courthouse or any other office of registration, does not mean it cannot be changed.

 

[Who's Liable?]

Your so bright

*You're

You're = You are