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Lois517 Asked May 2014

Can my brothers evict me?

My brothers was made power of attorneys and I was medical power. I moved home in 2008 to care for my father until his passing in March 2011. Then I was named caregiver of the house until my moms passing (she was in a nursing home) but I did bring her home for 7 days until her passing. They now want me to pay rent or get out until the deed is settled. I want to buy them out but they keep adding more and more I am to pay. What if anything can I do

lsmiami May 2014
I do not know what sort of house it is, but if it is a large house, it may be more inexpensive to move to a small apartment.
Pam's advise is on the money.
Be practical, if Medicaid has a claim, move on. If you cannot afford to buy your brothers out, move on. You two will get your portion of the house sale.
I would not judge what is fair, just stating what is practical.

littletonway May 2014
1) Get the will probated. 2) Contact your own lawyer.3) Have a realtor come and appraise the house. They will show you prices of similar homes that sold in your area and help you decide on a selling price. Would be good idea if your brothers could be in on this conversation. Get this all done asap.

A lawyer told us anyone living in the "estate" house should be paying rent to other heirs or move out. Sounds harsh, but you are keeping money from other heirs by not selling the house. Yes, they can have you evicted. Who is paying taxes, utilities, and upkeep.

It is a shame just taking care of business becomes so emotional and difficult.

Best of luck!

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pamstegma May 2014
Look up the assessed value of the house at the town hall. If there are three of you, offer them 2/3 of the assessed value to buy them out. See if a bank will hold a mortgage for that amount for you. This should work unless mom was in a nursing home under Medicaid. If Medicaid is doing an estate recovery, actually the only person who CAN stay there is the caregiver, YOU. Call your state Medicaid office if that is the case.

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