My Mom (90 years old) is in contract to sell her home and my brother is demanding a large amount of money to move out or else he said he won't move. I (having financial POA) can not go to closing on my Mom's house until the house is empty. Basically my brother is blackmailing my Mom. I talked to different attorneys and they said because he never paid rent he is not considered a tenant but a license and it could take up to one year to get him out. It would be less stressful for me to give him the money he is demanding so the house can be sold. Thoughts?
I'm assuming you're speaking to real estate attorneys. It would be wise to have a consult with an elder care attorney about how to do this without creating a problem later, should your mother need Medicaid.
He left the place full of trash and dirt but at least we had the house back.
Anyway, I think $80,000 is crazy unreasonable. Heck, I thought $1,000 was unreasonable for a payoff. I would file whatever court action is needed in your state just to get the ball rolling while you try anything else you are going to try. I would hate for you to not file because "it will take a year" and then see a year go by anyway.
It could become a can of worms, as the Buyer probably has a contract pending on their own house, and that Buyer buying the other Buyer's house could have a contact pending on their house.... it the domino effect.
The only thing I worry about is if your Mom needs Medicaid down the road, that sum your gave your brother from the equity in the house could be viewed as a "gift" which would hurt financially your Mom's chances of getting Medicaid.
And he'll be a HHB with enough money to cause his mother no further concern. You can write him off.
You're right, it'll be worth it. Sorry it's come to this.
The settlement my brother will receive is also his inheritance (he will have no claim to any future monies). By law my brother is not considered a tenant.
I really dislike the "if" word but here it goes: If my Mom would have made my brother pay rent and had a lease agreement then my brother could have been evicted within a month or so (he would have been considered a tenant). But my Mom didn't do that and let him live for free with her for 11 years. That was a huge mistake and I warned my Mom not to let my brother move in with her. I also suggested to make my brother pay rent which he could have easily afforded but that never happened either.
I'm happy for you that everything worked out. I am working on a deadline to get my Mom's house sold (closing is in 2 weeks). If my Mom were younger and in better health I would have considered going for the long term eviction of my brother in which the Judge still would have awarded my brother money but my main concern is my Mom and her health. I don't know how much time my Mom has left. Priorities...
Jenna
If I were you I'd go and see either a lawyer with financial planning expertise or a financial planning adviser with a very good reputation, and ask for help with planning for the three of you. Like after a divorce: you all need somewhere to live, you all need a reasonable amount of security and certainty, and there are only so many resources available: what's the best and fairest distribution?
The thing is, at 67 and with a disability, your brother isn't much less vulnerable or better able to provide for himself than your mother is. Not to say that he can have whatever he wants, obviously; but his needs are substantial. A negotiated settlement would seem to be the best outcome.
Just venting frustration on your behalf - do you know anyone who can talk to your brother and tell him to stop being such a t**t?
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