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jnale68@sbcglobal.ne... | I need help to resolve a family problem? |
I moved in with my elderly grandmother two years ago to take care of her after she was diagnosed with Alzheimer's disease. There was a verbal agreement between my father and I (he is her POA) that I would get paid a monthly fee, plus all living expenses would be provided. He also stated that after her death or if she was admitted to a long term facility, he would let us continue to live in the home and rent from him. Now that my grandmother has been admitted into a nursing facility, he is backing out of his part of the agreement. He has a brother that he claims has part ownership of the house and they are telling us to move out immediately. I have a child who is still in grade school and we don't have the money to move out. What can I legally do? |
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sarahmarah24
|
get a lawyer. |
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goz1111
|
Not sure how the brother has part ownership at this point with the mother still alive, will the uncle eventually get part ownership probably without knowing all the details of the will
but toward your Issue: the main problem is the verbal part as I am sure you are well aware, I would talk with your father to see if you can reach some type of agreement that would allow you to stay until the school year is up, then look to move |
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ranger_co_1_75
 |
Trusted family members back out of agreements more than strangers. You should have gotten the agreement in writing, but that is now gone.
The only legal claim you have is the length of time you have lived there, may give you claim as a tenant. Check your state laws.
If you have tenant status, then your GF will have to give you 30 day notice to move, then go through eviction proceedings if you don't move.
The bad thing about eviction proceedings is they are public record and can make it difficult for you to rent a decent, clean domicile. |
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MVD34
 |
Well, nothing if there really is a brother with part ownership...
If that is the case, he did not have legal standing to enter into an agreement with you without his brother.
I would certainly suggest talking to a lawyer just to see if he thinks you have a case; however, talking to your father is a better idea.
Sit down with him when you both have no distractions and 30 minutes just to talk. Look him in the eye and ask him first (listen first -- do not talk) what is going on.
"Dad, I thought we had an agreement and it looks like you are backing out of it. Why? What is going on?"
Listen.
Write down his main points.
Then tell him in dollars and cents why this is going to be very difficult for you.
Ask him for his help.
He may not be able to let you stay in the house, but he might be able to help you out some other way.
The short is that family cares about you much more than some lawyer or other stranger. Listen and explain. Don't accuse. Don't get angry. Don't accuse. Ask for help. |
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mushtaq_ahmad43
 |
The main gist of the question lies in the ownership of the house. As you said that his yonger brother claims that he is owner of the house, albiet in part, then it is possible that you should have to vacate the premises. However, for a better solution please go to the court for decision. |
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estielmo
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You have thirty days to move out. And/or you hire a lawyer to sue your father. |
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D N
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Nothing, although he must legally evict you and then you have 30 days to move out...if you don't want to make it easy on him. |
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swelwynemma
 |
I'd suggest putting this in Law and Ethics as well, to be honest. You'd get more answers there.
I have no idea as to what you're meant to do in that situation, except that I think your dad's being a bit unfair (personally).
Sorry I can't be of any more help |
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Dawni Do Right
|
The only enforceable contracts are the ones that are in writing.
Your Dad & Uncle will have a rude awakening if they sell the house & the state comes after them for Estate Recovery for the proceeds of Grandma's house for repayment of her state assisted living expenses. They can pursue to property transfers up to 2 years prior. Karma...
Check what the eviction notice is for your state's "Landlord Tenant Laws" when there is no lease. I'm willing to bet it is at least 30 days. |
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Rob G
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I'm sorry to say i don't think there is anything u can do,verbal agreements are not worth toffee,you should seek proper legal advice. |
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