Estate rights and resident status after homeowner death

An analysis of the legal rights of individuals residing in a home without paying rent, often referred to as ‘squatters,’ following the death of a homeowner. The discussion highlights that unless specific provisions are made within a will or trust agreement, the generosity shown to residents during the owner's lifetime does not automatically extend after death.

Upon the death of a homeowner, the property becomes an estate asset under the authority of an executor. The executor is legally obligated to act in the best interests of the estate. Factors influencing whether residents may remain include whether they provide maintenance services, such as yard work or snow removal, and whether an occupied or vacant home is more advantageous for a potential real estate sale.