Need to sell mothers house, brother won't move out

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Latest post 03-13-2006 11:27 PM by Drew. 8 replies.
  • 03-05-2006 6:27 PM

    • cmb1
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    Question [=?] Need to sell mothers house, brother won't move out

    I am POA for my mother who is living in an assisted living facility because she has Alzheimer's Disease. She has a long term care insurance policy that will cover the expenses for three years. Before the three years is up her home will have to be sold to continue her stay at the facility.

    The problem is that I have have a brother living in her house that has no intention of leaving. He thinks the house is his. He does not work or have any intention of ever working. The short time in his life he did work he managed to get a disability. He has been supported by my parents for most of his 45 years. He is not paying rent to my mother, which she could use the income to help pay for expenses not covered by insurance. His girlfriend has now moved in with him and he plans on having a baby with her.

    I feel that even though my mother is not living there she is still supporting him and now his girlfriend by paying the property taxes, insurance, etc. They are taking advantage of her.

    How do I get my brother and his girlfriend out of my mothers house? If they have a child will that make matters worse? I'm concerned that the little money put aside for my mothers needs will be drained by legal fees trying to get my brother out.
  • 03-05-2006 8:58 PM In reply to

    re: Need to sell mothers house, brother won't move out

    Option 1: You ask him politely to leave so that the home can be sold and he cooperates. Sounds like this option is not likely to happen.

    Option 2: On behalf of your mother you begin eviction procedures. If you are not skilled in this, you'll probably need an attorney.

    Be aware, since you do not have a conservatorship, your brother may try to seek a conservatorship to take control of your mother and the house. I do NOT suggest that you talk with your brother about this.

    Explore with your attorney how you can move into the house as well… with 10 friends, 10 pet snakes and 5 dogs.
  • 03-05-2006 9:12 PM In reply to

    re: Need to sell mothers house, brother won't move out

    Maybe an attorney can answer this better, but if you have POA you are allowed, in fact, expected to make decisions for your mother (like selling her home). I believe that legally you can put the house on the market and tell your brother to get out. If he refuses, he can be removed by the police. Perhaps an attorney from this board can give more legal direction, but I believe having the POA would put you in charge and your brother out the door. I'd advise you to act quickly before his "family" expands...
  • 03-06-2006 1:38 PM In reply to

    re: Need to sell mothers house, brother won't move out

    Given that your mom could use the rent money, I'd file an unlawful detainer against him in landlord-tenant court -- after I sent him a letter signed as POA advising that he no longer has tacit (?) permission to stay there and must be out by X date. I'd give him at least 30 days' notice). If he's willing to pay fair market value rent for the place (ask local realtors; check local papers), I'd let him stay on a month-to-month basis. If you have to spend money getting him out, I'd sue him for those costs.

    So long as my POA were durable and comprehensive and things go okay with it, I wouldn't go to the expense of seeking conservatorship unless someone else tried to do so (brother) and I needed to contest that and seek my own appointment.



  • 03-06-2006 4:54 PM In reply to

    • Drew
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    re: Need to sell mothers house, brother won't move out

    Comments from an experienced LL: I think you want to move hard and fast to get this deadbeat OUT.

    The problem is that if he is a tenant which is a distince possibility then you are required to follow the full due process to evict him--and if you mess up you get to do it all over again.

    I suggest that as POA, on Mom's behald, you engage counsel familiar with tenant eviction matters to get this deadbeat OUT.

    I also suggest you review with counsel sending him a new rent schedule .

    My bet is that if you fail to play sound legal ball he will still be there next spring!!!!!

    If he is not entitled to sole occupancy of the unit--do consider sending in 10 friends and a pet snakle or two to use the place.

    If by some chance he is but a mere guest of mom's under MA las as might be the case given its history fromEnglish law, you might merely be able to show up and order him OUT and have him arrested for trespass if he refused to go. However your powers to act under th ePOA might be contested--if a person is but a guest--the owner or owners agent can merely toss them out! Problem is th elow has some real safeguards about tossing a tenant! So you need to be sure of deadbeats status under MA law



  • 03-07-2006 7:10 AM In reply to

    • cmb1
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    re: Need to sell mothers house, brother won't move out

    I'm sure that he will contest any action. He informed me that he has more rights than I think he does. I would think and hope that my mother is the one with the rights. In my opinion she is far more disabled than he is. I don't consider my brother a tenant if he is living there for free. He thinks he knows the law better than anyone. Thats why he's planning to have a baby, he knows its difficult to evict if there are children involved.

    I will be meeting with an attorney next week with my other brother, who is going to help me fight this battle) regarding a guardianship for my mother. If we start the eviction with a POA only then my mother can override my decision.



  • 03-07-2006 8:46 AM In reply to

    • DCGirl
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    Feedback [*=*] re: Need to sell mothers house, brother won't move out

    The idea that a landlord can't evict a family with a baby is an urban legend, so don't let that scare you away. Families with children have to abide by all the landlord-tenant laws the same as everyone else.

  • 03-07-2006 2:18 PM In reply to

    re: Need to sell mothers house, brother won't move out

    "Thats why he's planning to have a baby, he knows its difficult to evict if there are children involved."

    That doesn't make any difference at all.

  • 03-13-2006 11:27 PM In reply to

    • Drew
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    • Joined on 03-30-2000
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    re: Need to sell mothers house, brother won't move out

    Not every attorney is an expert at everything--be sure to find one with eviction experience from LL side of equation--and be sure to consider if Mom can merely direct her guest out the door! Do NOT let Mom turn soft!



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