When a Caregiver Child Moves In: Texas Homestead Complications

 Posted on December 11, 2025 in Elder Law

Although Texas homestead rules offer some fairly powerful protection for seniors, unexpected complications can arise when an adult child moves in to provide care. Perhaps an adult son or daughter moves into an aging parent’s home to help with daily living tasks, never expecting a family battle once the parent passes or moves to a facility.

Unfortunately, bitter disputes between siblings or other family members can arise over who can legally remain in the home, who inherits it, and whether the caretaker child owes money to siblings or to the estate. Texas homestead law (Texas Property Code Sections 41.001–41.024) was not designed for these relatively modern caretaking arrangements, leaving many families unsure of their rights and underscoring the importance of proactive estate planning.

Long-term care planning may also be significantly impacted when an adult child moves into the parents’ home. Regardless of which side of the issue you are on – the adult child who moved in with a parent to care for them, or a sibling who believes the move was only to take possession of the home – you need a knowledgeable Denton County, TX elder law attorney to help you navigate the legal issues.

Why Are Texas Caregiver Disputes on the Rise?

Due to issues related to mobility, dementia, and other physical and mental disabilities, our aging population now results in more adult children providing full-time care when families are unable to afford assisted living costs. Without careful legal planning, both caregivers and siblings may assume rights the law simply does not grant. Unclear expectations regarding ownership, repayment, and occupancy can be devastating to family harmony.

Who Actually Has Homestead Rights in Texas?

The caregiving adult child may believe his or her financial, physical, and emotional contributions give him or her the right to remain in the home. Siblings may see the caregiver child as living "rent-free" in a property that belongs to all heirs. While Texas homestead law can shape these disagreements, it does not always do so in a predictable way.

When a homeowner dies in the state, only a surviving spouse or minor children have actual legal rights to occupy the homestead. Adult children – even those who were full-time caregivers – do not. Absent a will or survivorship deed granting possession, the adult caregiver child becomes a co-owner with siblings, but not the exclusive occupant, potentially triggering one of the following actions:  

The Right to Remain in the Home

Some caregiver children believe Texas homestead laws allow them to stay indefinitely after a parent’s death or entry into long-term care. The reality is that an adult child – regardless of how long he or she cared for a parent – has no exclusive occupancy rights unless the parent explicitly provided one.  

Reimbursement and Contribution Claims

An adult caregiver child may equate caregiving duties with home improvement contributions. Texas recognizes equitable reimbursement only when improvements were proven, necessary, and enhanced the value of the home.

Undue Influence Allegations

If a parent changed his or her estate plan late in life to favor the caregiver child, siblings may claim that pressure or manipulation was used by the caregiver to gain control of the home. These cases typically hinge on the parents’ cognitive status, medical records, and the adult child’s control over the parents’ daily life.  

Medicaid Estate Issues

A caregiver child may invoke the Medicaid  "caregiver child exception" to block estate recovery, but the burden of proof is exceptionally high. Siblings frequently challenge whether the caretaking actually delayed entry into a long-term care facility.

Contact a Flower Mound, TX Elder Law Attorney

Texas families may be able to prevent these emotionally charged conflicts by updating wills, using transfer-on-death deeds, entering occupancy agreements, using Lady Bird deeds, or drafting written caregiver contracts. If you are an adult child caregiver or the sibling of one facing a homestead dispute, a skilled Denton County, TX estate planning lawyer from Colbert Law Group PLLC can help prevent small disagreements from becoming expensive litigation. Attorney Colbert has served as an administrative law judge as well as a tribal judge for the Chickasaw Indian Nation. Call 972-724-3338 to schedule your initial attorney meeting.