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Elderly Parent "Roommate" Advice Needed

TXCyclones

TXCyclones

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My 85 year old mother has severe rheumatoid arthritis (fingers and toes curled, vertebrae in neck fused, both knees replaced twice, etc), and because of this can only live comfortably in Arizona. She had been fiercely independent for years following my dad dying, but age is catching up to her with a couple of unfortunate incidents. She has some close friends in her area and invited a friend and her husband to move into her home with her. I'm ok with this part as I am comfortable with how they get along and know that her friend is truly helping her with physical activity type of things. But...

...let's say my mom were to die. She currently doesn't have any kind of written agreement in place with this couple. Could they ostensibly become squatters and not leave the home? Is there a simple written agreement I should be looking to set up between them? Curious if anyone else has come across this.

TIA
 
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Lots of info out there about squatters' rights in Arizona, but one of the sources says that a squatter must have been living on the property for at least five years to have any claim to it.

taylorstmgmt.com

Squatting Laws in Arizona - An Overview - Taylor Street Property Management

Adverse Possession is a form of squatter rights. If a squatter resides in your Arizona property for a certain amount of time and meets a specific set of
taylorstmgmt.com taylorstmgmt.com

Bottom line is for you to make sure your mom has a will on file with a local attorney that states clearly who gets what, and that would include her property. If that already exists, make sure you have a copy of it, and be ready to follow up on it should the need arise.
 
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pourcyne said:
Lots of info out there about squatters' rights in Arizona, but one of the sources says that a squatter must have been living on the property for at least five years to have any claim to it.

taylorstmgmt.com

Squatting Laws in Arizona - An Overview - Taylor Street Property Management

Adverse Possession is a form of squatter rights. If a squatter resides in your Arizona property for a certain amount of time and meets a specific set of
taylorstmgmt.com taylorstmgmt.com

Bottom line is for you to make sure your mom has a will on file with a local attorney that states clearly who gets what, and that would include her property. If that already exists, make sure you have a copy of it, and be ready to follow up on it should the need arise.
Click to expand...

Would a trust be better with OP being the beneficiary of the house?
 
SCNCY said:
Would a trust be better with OP being the beneficiary of the house?
Click to expand...
Not necessarily, but I agree with @Cyched that these are all better questions for an Arizona attorney than a message board.

Also, @TXCyclones, if the attorney you talk to also does landlord tenant law, so much the better. My first thought wasn’t squatters, it was that they may argue that they’re actually tenants (if they try to argue anything which they may not)
 
If your mom is up for it, I would talk to her about what she wants to happen after she passes. It is not uncommon in situations like this for the older person to want a live in caregiver/person that helps them to be able to live in the house after they pass. Not necessarily indefinitely, but for a period of time so their passing isn't tied to the caregivers also losing their place to live.

Beyond that, from a legal perspective you will want a rental agreement in place to protect your mom and yourself. It can likely be written in a way where there is little or no rent, but there will need to be consideration on both sides for it to be a legally enforceable contract. Estate law (wills, trusts, etc.) won't help you much in the things you are likely concerned about protecting against in this situation, but she should at least have a will in place for other reasons (I'm guessing she likely does already).
 
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Cyched said:
I’d recommend talking to a good attorney rather than a message board.
Click to expand...

Yeah, I get that. And will eventually do so. This board is such an interesting "community" and, with so many of us having similar backgrounds, others have typically faced similar situations so we never know what we might uncover here.
 
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pourcyne said:
Lots of info out there about squatters' rights in Arizona, but one of the sources says that a squatter must have been living on the property for at least five years to have any claim to it.

taylorstmgmt.com

Squatting Laws in Arizona - An Overview - Taylor Street Property Management

Adverse Possession is a form of squatter rights. If a squatter resides in your Arizona property for a certain amount of time and meets a specific set of
taylorstmgmt.com taylorstmgmt.com

Bottom line is for you to make sure your mom has a will on file with a local attorney that states clearly who gets what, and that would include her property. If that already exists, make sure you have a copy of it, and be ready to follow up on it should the need arise.
Click to expand...
This is absolutely crucial. My entire family inheritance was changed the minute my father was diagnosed with Alzheimers. His wishes were to always be equitable across his children and his wife. But, she managed to take everything. And the advice given to us by his financial advisor kind of fell on deaf ears because of his steadfast conviction and his occasional being fully astute. No matter your mother's cognizant abilities, get everything buttoned up tight.
 
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Cloneon said:
This is absolutely crucial. My entire family inheritance was changed the minute my father was diagnosed with Alzheimers. His wishes were to always be equitable across his children and his wife. But, she managed to take everything. And the advice given to us by his financial advisor kind of fell on deaf ears because of his steadfast conviction and his occasional being fully astute. No matter your mother's cognizant abilities, get everything buttoned up tight.
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let this be a reminder for all of us.... trust your kids, if you raised em right, they will do right with your best interests.
 
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SCNCY said:
Would a trust be better with OP being the beneficiary of the house?
Click to expand...

I have very little experience with trusts. Unless the mom is worth a lot, owns a business and/or properties beyond the house in Arizona which the OP seems to be worried about, I'm not sure there would be a need for one. A written document that crosses all the t's and dots all the i's (in other words, a notarized will) would probably be sufficient.

That said, I am not an attorney and I do not play one on TV.
 
I would think a simple lease agreement would be a good idea. Could be written up such that it's $1 a month if she's not expecting payment. Something that spells out termination requirements, how much notice is needed if she passes on while the other couple are still living there, etc.

Like all others have stated, I am not an attorney and do not play one on TV. Only on message boards.
 
pourcyne said:
I have to disagree with that one. My siblings are ******** and we were all raised by the same parents.
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lol well you gotta have at least 1 good one. ( i have a brother who likes to smoke meth, he's enjoying his iowa experience).
 
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I agree that it is best that you talk to your mom about her wishes when she passes. Get every detail documented. My Dad was very open with me. My wife’s mom didn’t really want to talk about her passing at all. It makes it so much easier if you know their wishes. In your situation it will it will Al help you and her understand the expectation of the new living arrangement. I would also recommend your mom give you family heirlooms sooner rather than later.
 
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