Legal Question in Wills and Trusts in California
My grandmother is in ill health and has placed the deed of her house in the hands of one of my uncles. However, since my mother passed away in 2005, my sister and brother have stayed at home and done whatever they could to take care of my grandmother. Now that there is a probability that she will not recover, the will that my grandmother signed with my uncle's help stated that the house be sold and all assets be distributed among the surviving children and if that child is deceased (in the case of one of my uncles and my mother) their children will receive the share in their parent's stead.
It boils down to this: my brother and sister live in the home their entire lives (they are 23 and 24 years old) and have stayed there to help her. If/when my grandmother passes, does my uncle (who is on the deed) have the right to kick them out of the house? They do not have a steady income and actually have no other place to go to and I do not live near them anymore.
1 Answer from Attorneys
She can change her will to leave the home to them. if she doesn't want to do that they will have to move.