Person who rejected inherited house backed for letting bank evict family

A person who rejected their inherited house and is forcing family members onto the street has been applauded by strangers on the internet.

Reddit user FloofyFluffMonster took to the AITAH (Am I The A**hole) forum to figure out if they were in the wrong for rejecting their late father’s inheritance and evicting their family.

New York-based attorney Min Hwan Ahn said the heir is not responsible for any decedent’s debts unless they choose to accept an inheritance, which in this case, would be the house the aunt and cousins live in.

“If the house is the only significant asset in the estate and it’s heavily mortgaged, disclaiming the inheritance might be a financially sound decision,” Ahn told Newsweek.

Despite the family drama, there’s very little legal reason the other family members should be able to stay in the house.

“In this case, the person who inherited the property is within their rights to decline the inheritance due to the heavy mortgage and the ongoing conflict with the residing relatives,” Julia Rueschemeyer, a family lawyer at Amherst Divorce in Massachusetts, told Newsweek.

“The residing family members’ claim of an agreement to stay in exchange for caregiving may have legal implications, but it appears there is no formal documentation to support this.”

The Reddit user shared in the post that their grandparents died about a decade ago and left the majority of their estate to the father. However, one of the poster’s aunts and two cousins continued to live in the family home as they “don’t have jobs, and sponged off relatives their whole lives,” the user said.

While their father was OK with them staying in the house, he recently died and left everything in his name to his only child, the Reddit user.

The aunt and cousins have retained lawyers and refuse to leave the house, but the Reddit user said he has no desire to accept the inheritance.

“As the house is older and hasn’t been maintained much in the last 15 years or so, I have zero interest in a white elephant filled with squatters,” they wrote.

The user said they are not aware that the aunt or cousins ever took care of their grandparents or father, and the home is heavily mortgaged and essentially worth “zero or somewhat in the hole.”

As the Reddit user shared they want no part in the home, this has caused the remaining family members to have nowhere to go.

“This is causing the estate to have to liquidate the assets and evict my aunt and two cousins to settle things up,” the user said. “They claim to have nowhere to go. Now my phone is being blown up by everybody and sundry telling me I’m cruel and unusual to put them on the streets.”

In addition to the home being a financial hassle, the Reddit user feels the family should have seen this coming and adapted before being left in this situation.

“This was not sudden,” they wrote. “My father was ill for some time. They did absolutely nothing to prepare for this and assumed they could stay in the house.”

While the remaining aunt and cousins claim the original poster’s father said they could stay, the Redditor said they have no idea what, if any, promises were made.

“As far as I know, nobody still living is mentally or physically disabled,” the Redditor wrote. “They genuinely don’t have resources or anywhere to go, but there’s certainly plenty they could have done in the last decade to deal with that. I feel terrible, but really don’t want to take on a debt-ridden house and three grown adults. Am I the a**hole for letting the bank evict them and sell the house?”

According to the Internet, the poster was definitely in the right.

“They’re free to buy the house themselves with all the money they’ve saved on rent for the last decade, lol,” one user wrote. “This isn’t your mess to clean up.”

“If the owner of the house was your father, and you decline the inheritance, wouldn’t his heir be the next in line – his sisters? Why don’t they just accept the inheritance?” another said.

One described the situation plainly: “Not your circus, not your monkeys.”

Lawyers experienced in the area of family and property law say that depending on the state, a declined inheritance property often goes to the next person in line, according to the will. In that case, it could be other children or brothers and sisters, like the aunt in the Redditor’s case.

If no such will exists, the property would be passed according to state laws.

However, if the next in line is not able to take on the financial obligations, there’s likely little choice other than eviction.

“While it is understandable that there may be emotional and societal pressures accusing the inheritor of being cruel, it is also clear that the residing family members had ample time to prepare for this situation,” Rueschemeyer said. “Empathy is essential, but the inheritor is not obligated to take on a financially burdensome property and additional responsibilities for adult relatives.”

Sometimes, if a family dispute like this is mediated, negotiations could lead to an agreement allowing the aunt and cousins to stay, Rueschemeyer said.

In the best-case scenario for the other family members, they might be able to show they have a valid lease agreement, allowing them to stay until the term ends.

Or if family members who were residing in the house with the permission of the deceased, they could potentially have certain rights under local laws, but this often requires proof of an agreement or living arrangement.

“Even if they have no legal claim to the property, the eviction process can be lengthy and complicated, especially if the occupants refuse to leave willingly,” Ahn said.

The outcome will depend on state laws as well as anything stipulated under the Redditor’s father’s will, but at the end of the day, proof of an agreement to stay in the house would typically be required to avoid eviction.

“Family members in this situation should seek legal advice to understand their rights and options fully,” Matt Teifke, the founder and CEO of Teifke Real Estate, told Newsweek. “They may need to provide proof of their living arrangements and relationship to the deceased to make a claim for any rights they have.”