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Parent-child dispute over tenancy issue

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  • 10-15-2005, 10:17 AM
    starlight1
    Parent-child dispute over tenancy issue
    My brother,who was living in another state,moved back to my mothers house due to financial reasons. My mother owned the house outright and it was in HER name. He came to her saying they needed the house put into HIS and HIS wife's name so that they could get a home equity loan to take care of their financial probs and fix the house up.

    There was a verbal agreement that she could stay in the house (there is an actual mother in law apt. in back of house attached to residing house) as long as she was alive. Now they are trying to EVICT her from her house onto the street at the age of 75.

    What are the legalities of this? they are trying to get her out within 90 days. Does she have any recourse? What should she do?
    She has resided in the house for approx. 50 years. He has threatened her not to even park on the street (public street)in front of HIS so called house.

    She received a letter delivered by the Sheriff's dept,.(apparently written by her son and his wife) that stated that she must be out by the 1st of the year. (in legal terms )
    Please help.
  • 10-15-2005, 11:18 PM
    aaron
    Eviction of Mother
    I think you should take your mother to a lawyer, and see what can be done about having the conveyance to her son set aside, perhaps on grounds of fraud or undue influence.
  • 10-17-2005, 03:36 PM
    starlight1
    Thank you Aaron for responding.
    She is going to see a legal aid atty through her elder abuse case worker....

    Is it hard to prove undue influence? She was told by him he had have her sign away the house to him,etc...due to financial constraints,etc....so he could get a home equity....Low and behold,the jerk went out and bought three new cars for his son and they spent the whole loan....on themselves...

    Hopefully,my mother can get somewhere with the lawyer....I hope she can fight this since she owned this house for 50 years!!! Sickens me how my brother is acting....He is a monster for doing this in my opinion.

    He also had a for sale sign outside in front of the house,to I am thinking,intimidating her?
    Last year, he also cut off the power in the middle of winter so she couldn't get heat (she is right in the back of the house in a mother inlaw apt..so the heat is communal)...
    She also offered to pay for the oil to heat the house,but his wife came out ranting and raving to the serviceman and she ended up putting a lock on the oil barrel! lunacy!!!
  • 10-17-2005, 05:08 PM
    aaron
    Undue Influence
    Claiming undue influence, diminished capacity, or some combination thereof is very fact-specific - your mother's lawyer should be able to estimate if she can obtain relief on that (or some other) basis.
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