QUESTION

Until when can can we stay at my mother in law's house?

Asked on Sep 19th, 2014 on Estate Planning - Oregon
More details to this question:
My wife and I have taken care of my mother in law for 11 years. She very recently pass away. She owned the deed to the house we been living in. It's a house built in 1900. My wife's parents (both gone now, her dad died 2003), they deferred on the property tax years ago. It's about approximately $60,000 and there are at least 3 liens also. My wife comes from a family of 18 brothers and sisters. My mother in law will have not been probated yet. I am fairly sure we will not get the house, due to deferred back taxes and liens on it. The will it simply says everything is divided equally 18 to all siblings. If you can answer these questions please. Where we stand legally on staying at the house until the county say we have to move? Do we need to pay one year's taxes? Can the family force us to pay rent? There are three of my wife's brothers and sisters who has power of attorney of my late mother in law's affairs. Do they have any say on us staying there until were are told to move by the county? Thank you.
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1 ANSWER

All my answers pertain to Oregon. The siblings who have power of attorney no longer have any authority. Power of attorney is no good after the death of the principal. The personal representative named in your mother-in-law's house will have control of the estate, once probate is opened. (Nobody is PR until the court appoints them PR; just being named in the Will is not enough). The family can't force you to pay rent; you are responsible for taxes, insurance, any mortgage on the house, and maintenance while you live there. Paying a year's taxes won't necessarily give you the right to live there for a year.
Answered on Sep 22nd, 2014 at 11:56 AM

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