Martinez, GA Estate Planning Law Firms & Lawyers

It sounds like your father has placed his home in a living trust and your mother is the beneficiary after your grandfather passes away.  The home will be included in your grandfather's estate for purposes of paying his debts at his death. Your grandfather could give the home to your mother today, and maybe it escapes being part of his estate if he survives for mroe than 5 years.

I'm not sure exactly what you are asking, because it looks like there may be a typo in your post. However, since you mention that your mother lives with you and has dementia, I am going to assume that you're asking how you can help manage her affairs if and when she begins to need that help.   If your mother is still relatively competent, even though she has a dementia diagnosis, what she ideally needs to do is get good estate planning documents in place. Those should include a Will, a Power of Attorney, and an Advance Directive for Health Care. Using the Power of Attorney and the Advance Directive for Health Care, she can name you (or someone else) as her agent for financial and medical decision making. These documents should allow yout to help her with whatever she needs help with if her condition gets worse. She may also want to create a revocable trust for herself, and name you or someone else as a Trustee. Having a revocable trust can be another way to ensure that someone can help you with your finances if needed. Please note, however: YOU can't do any estate planning for your mother. She needs to do it for herself.   If your mother is no longer able, or is not willing, to do appropriate estate planning and name agents who can help with her needs, then unfortunately you may eventually need to get appointed as a guardian (for health care) and conservator (for finances) for her. Those roles are ones to which you must be appointed by a court. You would need to hire an attorney to help you file the appropriate petitions. Contact an attorney who does guardianship and conservatorship work if you think you may need to go this route.   Best wishet to you and your mother.  

Not knowing who the third party is makes answering your question difficult.  It could be that the third party is the administrator of the estate.  If so, he has a right to bring an eviction proceeding. If it is the administrator of the estate, he is not a third party.  He actually is the only person with authority to deal with the property. Presumably you have been paying rent to someone during the time that you have lived in the property? In any eviction proceeding, the party bringing the claim will have to prove that he has the legal right to dispossess you.