A 47 year old man living on SSI due to a mental disability had his mom help him purchase a house. He has lived in it 8 years. He contributed some money and a lot of sweat equity. She recently paid off the balance and was going to put it in his revocable Special Needs Trust. Then she fell, she's 85, is in rehab and will go into assisted living. In the meantime she has decided not to put the house in the trust in case she needs to sell it. She has her primary residence she is selling, valued at $250,000 and long term care insurance. They had a verbal agreement that the house would be put in his trust and he could live in it as long as he needed to. Does he have any legal recourse?
Landlord / Tenant Lawyer
Probably not. Agreements regarding real property have to be in writing to be enforceable. Without a writing, no one can tell you whether there was a meeting of the minds and a subsequent breach. The house does not need to be "his" for him to live in it, it can belong to the Mom and then when she passes away, to whomever she wills her property. Hope this helps. Elizabeth Powell
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