Legal Question in Real Estate Law in Texas

Question about caretaker rights

Hi. I live in North Texas, almost into Oklahoma. My wife's aunt told us we could move into her mother's house while she is in the nursing home. We'll take care of it, upgrade what we can afford to upgrade, then purchase the home upon the death of her aunt's mother. Did all that make sense? I just need to know what are my rights? I'm not paying any money as long as she is still alive. So I've used the time to upgrade the home. Question - is she or I responsible for the upgrades? 2nd Question - can the aunt allow people (workers) to park out in my driveway and grass (because it is in his mother's name, not ours.) I'm not sure if I show start yelling or just be polite until the final deal is ready to be done. If anyone has info about my families rights vs responsibilities I would enjoy hearing them. I'm willing to speak to a lawyer if you can perhaps suggest what type I should seek. Thank you. Crazy situation, I know.


Asked on 10/05/08, 2:26 am

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: Question about caretaker rights

First of all, get the agreement in writing. Neither of you are "responsible" for upgrades. If you chose to do them without a formal agreement, you risk not being re-paid for your work if you don't purchase the house. Without a lease or purchase agreement aunt can allow people to park in the drive or yard because you are merely a "guest" since you don't pay rent. However, you could argue that you are a month-to-month tenant as a caretaker, but to you want to risk alienating your aunt and blow the sweet deal you presently have?

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Answered on 10/05/08, 11:40 am


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