QUESTION

What do I do to be able to stay in my grandma’s house even after she passes away?

Asked on Mar 07th, 2015 on Estate Planning - California
More details to this question:
I am a female. I live with my brother. I am 19. He is 28. We live in my grandma’s house for over 17 years. She is pretty much my mom and I love her. Once my grandma began getting ill to the point where everyone thought she was going to pass, my aunt came over started telling us stuff and threatening us that once my grandma dies, she was going to kick us out and the house was hers. But my grandma made a recovery and was fine she came back home. They came over one day and threatened my grandma that if she doesn’t move in with them, they were going to kick us out of the house. My grandma said she doesn’t want that and went with them this week. They came by and said they told my grandma not to give us money for food anymore. Now we have no money for food they said the next step is they are cutting all the utilities. We don’t know what to do. We don’t want to get kicked out of my grandma’s house. They also mentioned once she dies, they are kicking us out and selling the house. I’m a full time student. I love my grandma and want nothing but her to be in good condition. They seem to be brain washing her into stuff and they already started taking some of her properties a truck and a van and much more. What can I do? We have nothing. I have been so stressed that my doctor said I have anxiety now and has prescribed me medication. My brother I think has it also and I feel like he will go into some type of depression since he has already been acting weird since everything started happening.
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4 ANSWERS

If grandma is competent (of sound mind) she should create a simple trust to leave you the home. Otherwise her sister will likely be right as next of kin through intestate succession.
Answered on Mar 10th, 2015 at 1:37 AM

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Trusts Attorney serving Sacramento, CA at Law Office of Victor Waid
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Obtain the services of a estate planning lawyer to file a conservatorship of your grandmother ASAP, to protect her; at the very least contact Adult Protective Services for your county and report the problem, so APS can protect her.
Answered on Mar 10th, 2015 at 1:36 AM

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Edwin K. Niles
Lots of questions but you are short on facts. Does Grandma have a will? A trust? If so, are you a beneficiary? If not, property usually goes to next of kin. If your aunt is grandma's child, then the aunt is ahead of you. I'm not understanding why you are asking the question. You and bud are adults. You are responsible for your own lives. It sounds as if (unless I'm missing something here) you have been enjoying a free ride, so count your blessings. Free rides usually end at some point. Yes, sometimes a bit of brainwashing occurs. But you don?t have a complaint unless the brainwashing somehow deprives you of some right which I can?t fathom.
Answered on Mar 10th, 2015 at 1:36 AM

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Probate Attorney serving Roseville, CA
Partner at James Law Group
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First, get a job and find a way to support yourself. The law is not going to preserve your right to live off someone else. At your age, you should learn to fend for yourself. Then, if your grandmother is being influenced by your aunt, find an attorney who can get a conservatorship over your grandmother to protect HER interests. At the end of the date, it is about her life being lived without stress and concern, not about the family fighting over there perceived "right" to her money.
Answered on Mar 10th, 2015 at 1:35 AM

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