aserra1954
New Member
Hi. I need some legal advice. My mom passed away in July leaving her house and money to be equally divided 3 ways per her will. I and my brother Albert, who is the executor of the will, want to sell the house. My crazy younger brother, Billy, has been living with my mom for the past 18 years, without paying one cent. He has not worked for 18 years since he hurt his back 18 years ago. Workmen's Comp said he could go back to work, but he refused to even try to get a job. They cut him off and he has been mooching and living off of my mom ever since. He has mental and emotional problems. He was verbally and mentally abusive to my mother. She got a restraining order and had him kicked out of the house. We got him into a mental hospital and they diagnosed him as having borderline personality disorder and anger issues. My mother told him that if he got some help and took medication, he could live with her until he got some job training and got a job and an apartment. He came back home, stopped taking his meds and refused to go for his couseling sessions and refused to look for an apartment or a job.
Then my mom got sick and went into the hospital. She was in the hospital for 6 months, suffering through 5 major surgeries and complication after complication and then she died from a Pulmonary Embolis.
Now we want to settle my mom's estate and sell the house, however, he is living in the house and refuses to leave. We were going to try and go through the process of having him evicted from the house, but then he had a heart attack and we stopped the prceedings temporarily.
My question is: I was told that we needed to settle my mom's estate within 9 months of her passing. But trying to evict him after just having a heart attack, and with the housing market being so poor right now, I don't think it is feasible to sell the house now. So the question is, If we hold off on selling the house until the housing market is better and my brother's health is stronger, that will bring us past the 9 months since my mom passed away. What happens if we don't sell the house before the 9 month deadline which is April 8, 2008. Does the house then go into all three of our names?? Can we force him to leave at that point to sell the house? Plus, he has no place to go. He has not worked in over 18 years. He has no friends, no references and no job skills. Who would hire him? Where would he live? No one would rent an apartment to him without a job or references. He does have some money from when he got injured 18 years ago. He got a settlement of $35,000, which he has not touched. He just let my poor old mother pay for everything out of her Social Security and pension. He just mooched and leeched off of her while he verbally and mentally abused her.
Both my brother Albert and I want nothing to do with him for the horrible way he tortured my poor mother. Also because he has a very nasty anger and hostility problem and has threatened both of us on numerous occasions. I tried to get him onto disability, but they denied him because of the money that he has in the bank and because they don't think he is sick enough.
Does anyone have any legal advice for this very complicated situation?
Desparate for any ideas to a solution,
Angie
Then my mom got sick and went into the hospital. She was in the hospital for 6 months, suffering through 5 major surgeries and complication after complication and then she died from a Pulmonary Embolis.
Now we want to settle my mom's estate and sell the house, however, he is living in the house and refuses to leave. We were going to try and go through the process of having him evicted from the house, but then he had a heart attack and we stopped the prceedings temporarily.
My question is: I was told that we needed to settle my mom's estate within 9 months of her passing. But trying to evict him after just having a heart attack, and with the housing market being so poor right now, I don't think it is feasible to sell the house now. So the question is, If we hold off on selling the house until the housing market is better and my brother's health is stronger, that will bring us past the 9 months since my mom passed away. What happens if we don't sell the house before the 9 month deadline which is April 8, 2008. Does the house then go into all three of our names?? Can we force him to leave at that point to sell the house? Plus, he has no place to go. He has not worked in over 18 years. He has no friends, no references and no job skills. Who would hire him? Where would he live? No one would rent an apartment to him without a job or references. He does have some money from when he got injured 18 years ago. He got a settlement of $35,000, which he has not touched. He just let my poor old mother pay for everything out of her Social Security and pension. He just mooched and leeched off of her while he verbally and mentally abused her.
Both my brother Albert and I want nothing to do with him for the horrible way he tortured my poor mother. Also because he has a very nasty anger and hostility problem and has threatened both of us on numerous occasions. I tried to get him onto disability, but they denied him because of the money that he has in the bank and because they don't think he is sick enough.
Does anyone have any legal advice for this very complicated situation?
Desparate for any ideas to a solution,
Angie
From the way you describe him you likely could have taken him to court and taken away all his priveleges as far as your mother was concerned.I know for a fact that you could have gotten Power of Attorney for her,especially under the circumstances you describe just by taking her to a lawyer and having her sign POA to you or your other brother,but of course it's too late for that now! Looks to me like you let your crazy brother take advantage of your mother while you and your other brother sat by and watched! Was your mother mentally competent during this time? I just don't get why you let this situation go on for so long without stepping in???