QUESTION
wondering if a grandson can fight the patents for rights over his house when he passes, due to extreme circumstances.
Asked on Apr 26th, 2014 on Estate Litigation - California
More details to this question:
A family left an elderly man in a deteriorating house, severely hoarded. Tells grandson living out of state that he is fine and taken care of, only to find out when he moved back that they are not and they are taking his monthly income, and more. Grandson comes in takes control of finances and rebuilds the house using all his life savings, also takes full care for elderly man. What rights does the grandson have over the house when he passes? He does not have a will and suffers from dementia, so a will can not be made.
1 ANSWER
2 Awards
The grandson does have some rights because he would be an heir if his parents predeceased him. Our firm recently litigated a case very similar to the facts that you described. In that case the grandson alleged elder abuse and sought to disinherit his father. The case ultimately resulted in a settlement that gave the grandson a substantial portion of his grandmother's estate.
In this instance there may also be an argument that at the very least the grandson has the right to recover the reasonable value of the improvements to his grandfather's house.
Thanks,
Jon
Answered on Apr 26th, 2014 at 7:02 PM