inheritance
Inheriting a parents home with a right to use clause in the will
<p>I will be inheriting my fathers home, which he currently shares with a partner. The original will states that the partner can continue to occupy the home for three years following his death. After the three years, she will move out and I can/will sell the home. I assume she will be paying all the expenses.</p>

<p>He has recently added a twist...he will transfer his IRA to me, and I will share the homeowner expenses 50/50, with her, up until the IRA is exhausted, or she decides to move out. At that time, I will be able to sell the home.</p>

<p>My concern is that none of this is in writing, but an agreement on the honor system. Nothing in writing and no rental agreement. He does not want to change the will.</p>

<p>My concerns:
1. She gets ill, exhausts her life savings, and cannot afford her share.
2. She decides not to pay her share.
3. She does not adequately preserve the home.
4. Who covers major expenses..painting, appliances, furnace, etc? As I am the homeowner.
5. I cannot evict her if needed, as she is a senior citizen, living in my home, with no lease.
6. The potential financial burden in case of a catastrophic loss or my inability to quickly sell the home at the end. </p>

<p>A side note....she would like to remain in the house, but acknowledges that the yearly expenses are too costly to do so without help. I understand his desire to accommodate her request to stay in the house, but, I think it is unreasonable to burden me with this very generous agreement.</p>

<p>My suggestion: sell her the house at a discounted rate and provide her with three years of expenses.....or....give her lifetime use of the home, at her total expense, and the house reverts to me upon her death or abandonment. </p>

<p>Desperately need some advice.</p>

<p>This is going to depend very much on exactly what is in writing. Note that your father could, if he chose, directly leave both the house and the IRA to his partner. </p>

<p>If you become the homeowner after your father's death, and the "3-year right to use" and the cost sharing provisions are not in writing, then neither is legally binding. You and the partner may choose to honor your father's wishes, but if he does not put them in the will or another legal document, neither of you is bound.</p>

<p>The question says:</p>

<blockquote>
  <p>I cannot evict her if needed, as she is a senior citizen, living in my home, with no lease.</p>
</blockquote>

<p>I do not know of any jurisdiction in which there is a general ban on evicting a senior citizen in all cases. There will be some restrictions no doubt, but they will depend on the local laws. And of course you may not wish to exercise all the legal rights you may have.</p>

<p>You would ultimately, have the right as homeowner to evict the partner. I don't what procedures would need to be followed legally -- that will depend on the specific jurisdiction, which the question does not list. As the homeowner, you would be legally responsible for maintaining and paying taxes and other expenses on the house. The partner would be either your tenant or your guest.</p>

<p>Once you have title (and that will take some time after your father's death, in all probability) if the "right to use" was never put in writing, you could ask the partner to sign a lease. The terms could be whatever the two of you choose to agree on. If she becomes a tenant under such a lease, she has both legal rights and legal responsibilities, and each of you has the protection of a clear agreement.</p>

<p>You would be wise to consult a lawyer to learn exactly what the local law does and does not permit. Your father might well be wise to put his wishes more clearly in writing while he still can.</p>
