Legal Question in Wills and Trusts in Pennsylvania

I am a grandchild who lives with her grandmother. One of her three children have power of attorney and control of the house if something happens. Do I have any rights when it comes to staying in the house? I have been here with my grandmother for 35 years.

Asked on 1/02/12, 7:07 pm

1 Answer from Attorneys

Not unless your grandmother makes a will or trust or grants you a life estate on the deed (if the home is paid for).

The only other way in which you would have any kind of rights would be if your parent (the son or daughter of your grandmother) died before your grandmother. If your grandmother made a will leaving all to her children and she never changed it, then the law provides that you and any of your siblings would inherit the share of your deceased parent. In such case, you would have equal rights to whatever your grandmother leaves to your parent or a share in your grandmother's property if there is no will.

However, you would inherit along with all of her other children or grandchildren and there would be no right to exclusively possess the home for example.

My advice would be that if your grandmother wants to make it clear that you get to stay in the home, then, if your grandmother is mentallly competent, she either needs to put you on the deed or give the property or a life estate therein to you.

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Answered on 1/02/12, 8:36 pm

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