Family nightmare duplex tenants in common partition

[hddn0618]

I will try to be brief. Mother owns a family duplex ( her father built) as tenant in common with brother ( given to them by deed while parents still alive). Both mother and brother are in failing health and dementia. I have POA over mother. Her brother's family finally got a POA prepared but back dated it to when he was competent. The brothers family wants to sell the duplex. I do not. Mother gave me her 1/2 interest in duplex but I had her retain a life estate. She does not live in it. Family fighting begins. I have tried to talk with them about condo conversion so they can sell their half and I can retain mine or my mothers life estate for her. They will not hear of it. They want it sold. I went over there and renovated it. One unit not inhabitable. Of course no credit for my work. I had it on market to gauge market. No showings no contracts, dropped price no showings. I do not want to give it away in this market. I told my realtor to drop listing. I will rent out one unit they can rent out a unit. They had a fit, called realtor and told him ( wont speak to me) going to sue me for partition. That would be fine if the partition will be for each unit in severlty but not sure if it will go that way.

One very important point is the brother does own a vacation home at the shore, no mortgage on it. They cannot afford that one and paying half of taxes on this one and assisted living care etc ( duplex has water view). They want to keep their vacation home and I have to sell mine!!! Will that factor into the judge's decision. Can they make me or my mother sell her interest so they can keep their vacation home. Brother is also in assisted living facility. He does not know what is going on, his wife and kids are pushing this. This was owned by brother and sister for many years they rented it out and would not sell cause it was mom and dads. I know brother ( if competent) would not allow this. I may be able to prove the POA was prepared and executed after he had dementia but not sure what or if that will matter. I want to wait out the market and rent or maybe just spend time there with mother before she goes. They say they are going to sue. Who will they be suing life estate holder ( mother ) or remainder-man (me) She cannot afford a suit I really cannot, any legal aid if she is sued? As I stated they will not consider condo-conversion at all. Don't know why they are so difficult. Mother never spoke to brother's wife so I guess the discord is going into next generation. Thank You for your time and comments. I will appreciate. I am willing to fight for my mothers and my rights.

 

[army judge]

As long as one of them is alive, their homes aren't likely to be sold.

Unless Anti-Social Insecurity has been remiss, most likely they have placed a lien on their homes.

Anti-Social Insecurity does this in an attempt to recoup some of their expenditures for medicare recipients health care upon their demise.

This is a dirty little secret, one of many, the government doesn't publicize.

Having lived through a similar nightmare, and still living through one with our 40 year old son, we know all too well the problems that befall the families of incapacitated persons.

Should a judge allow the sale, it won't be permitted for anything less than the market value.

In this down economy, that isn't likely anytime soon, as you've discovered.

As both opposing forces possess only a power of attorney, it is almost impossible.

Courts usually permit such sales when relatives have guardianship of the elder or incapacitated person.

There is one major exception and that kicks in when the person has no source of income and their shelter and/or health is jeopardized.

From what you've posted, that isn't the case with either of these two seniors.

I'd keep on doing what you're doing, fighting their efforts.

You opinion will be heard.

It will be especially refreshing when you say you want to retain the home for the day your beloved mother comes home!

Either way, relax, love and comfort your mother.

She's all that matters.

I lost mine under similar circumstances.

My wife lost hers, too.

Our families weren't as divided as yours appears to be..

But, if they sell the home, so what?

Your beloved mother is still here with you.

That is all that really matters when all is said and done.