Do I Have Any Rights to My Grandmother’s Home After Caring for Her for Years?
QUESTION:
My aunt asked me to move in with my grandmother and care for her. I gave up my own home and provided daily care for my grandmother for approximately seven years until she died. I have continued living in her home for about three years after her death.
My father and aunt now plan to sell the house. I would like to know whether I have any legal rights to remain in the home, receive compensation for the caregiving services I provided, or recover the costs and sacrifices I made when I gave up my own housing to care for my grandmother.
ANSWER:
Sorry to hear this. The probate creditor claim window is likely closed as Florida's 2-year absolute bar has passed. But you may still have a personal claim against your dad and aunt for unjust enrichment, and if they file to partition/sell the house, you can raise this as an equitable defense in that same case. They also can't just remove you from the property without a proper eviction process. I recommend consulting an attorney who handles real property/partition litigation and unjust enrichment claims, since your best options now run through a personal claim or a partition defense, not the probate estate.