If you live in a home when its owner dies, you may naturally be concerned about what happens next. It’s important to understand that you have no automatic right to remain in possession of the home – even if you are the deceased’s immediate heir or you have lived there for years.
The home of the deceased generally becomes an asset that has to be managed by the estate’s executor (personal representative). They have a legal duty to protect the property, and that may mean different things under different circumstances.
You may be temporarily permitted to remain
As long as your presence in the home does not interfere with the executor’s performance of their duties, you may be permitted to remain in the home while the estate is settled. However, the executor may require you to assume responsibility for various household expenses, such as the mortgage, property taxes, homeowners insurance, utilities and routine maintenance as a condition.
If so, it is wise to get the arrangements in writing. Without clear terms and a written agreement, family members may later disagree about whether you owe the estate money or should be reimbursed for certain costs. That can quickly turn into estate litigation.
You could be asked to leave to facilitate disposition of the home
On the other hand, the executor has a duty to manage the estate for all interested parties. If the home must be sold to pay the estate’s debts or divide its equity between multiple beneficiaries and it needs substantial repairs or must be cleaned and emptied before listing, you may be asked to move out.
If you refuse to leave, you could possibly be evicted or subject to a court order requiring you to surrender possession. This is true even if you are one of the beneficiaries of the estate and expect to eventually assume ownership.
Unless you are the only beneficiary of the estate, it is wise not to rely on informal understandings among the family. If you want to remain in the home until the estate is settled, bring the issue up early and try to negotiate a temporary occupancy agreement. An experienced legal professional can help you evaluate your options, establish reasonable terms for temporary occupancy and arrange to purchase the property, if that’s what you hope to achieve.