Who's responsible

[afterwards]

Who's responsible?

My brother-in-law and sister-in-law entered into an arrangement with my mother-in-law years ago. Whatever the arrangement (I'm not sure exactly), my mother-in-law's name is on her house and theirs (which is situated on her property). My brother-in-law's name is on my mother-in-law's house.

Mom's house is old; she is 80 years old and has COPD -- she's home bound. My sister-in-law does not like mom, and they fight constantly. Mom can be very unpleasant. But regardless, we want to know who's responsible for the taxes and health related home repairs (which mom cannot do). For example, her sewer line froze and sewage backed into her tub.

Because Jim's name is on her deed, does that make him responsible for these types of repairs? Are Jim and Missy responsible as co-owners for this repair?



I realize that if he doesn't pay her portion of the taxes, the county can put a lien against the house and/or sell it in a sheriff's auction. So, his threat that he will not pay the taxes only hurts him -- especially since mom's name is on both houses.

Jim and Missy are refusing to do any more repairs, pay her taxes, or help her in any way. I realize that they don't have to get her groceries or take her to the doctors or get her medicine, but what about health related home repairs such as the water line? Can they just refuse to do this? Does she have any legal recourse? And if so, what? While a conversation about putting her in a home has been had, I think because of the property being tied together and the state getting mom's half has prevented them from making this move.

 

[army judge]

My brother-in-law and sister-in-law entered into an arrangement with my mother-in-law years ago. Whatever the arrangement (I'm not sure exactly), my mother-in-law's name is on her house and theirs (which is situated on her property). My brother-in-law's name is on my mother-in-law's house.

Mom's house is old; she is 80 years old and has COPD -- she's home bound. My sister-in-law does not like mom, and they fight constantly. Mom can be very unpleasant. But regardless, we want to know who's responsible for the taxes and health related home repairs (which mom cannot do). For example, her sewer line froze and sewage backed into her tub.

Because Jim's name is on her deed, does that make him responsible for these types of repairs? Are Jim and Missy responsible as co-owners for this repair?

I realize that if he doesn't pay her portion of the taxes, the county can put a lien against the house and/or sell it in a sheriff's auction. So, his threat that he will not pay the taxes only hurts him -- especially since mom's name is on both houses.

Jim and Missy are refusing to do any more repairs, pay her taxes, or help her in any way. I realize that they don't have to get her groceries or take her to the doctors or get her medicine, but what about health related home repairs such as the water line? Can they just refuse to do this? Does she have any legal recourse? And if so, what? While a conversation about putting her in a home has been had, I think because of the property being tied together and the state getting mom's half has prevented them from making this move.

If an elder citizen is being harmed, abused, neglected, or cheated; discuss your concerns with the police or this agency:

http://www.aging.pa.gov/aging-services/help-at-Home/Pages/default.aspx#.VLbTybGa9GJ

The Pennsylvania Department of Aging can help your MIL with many things.

As far as the tangled titles and deeds, speak with a few lawyers in your area.
The first consultation is often given free of charge.
The answer, if there is one, is far too complex for a two or three word answer over the internet.

Your MIL will not likely have her home sold at auction, while she's alive.
A lien will be placed against the home, but she'll likely be allowed to live out her many remaining years in peace.

I wish you well.

 

[Michael Wechsler]

I dealt in a case like this many years ago. It was disgusting. I'm not saying it's the same thing because I don't know the full set of facts in your case nor the people involved. However when it comes to wills and the elderly, it is remarkable how people can act regarding money. In the case I handled, the elderly woman was essentially robbed by her own family member, who proceeded to funnel cash into her account and real property that did not belong to her. She should have gone to jail although fortunately we at least ended up with a judgment and the heirs to the estate, elderly people who had nothing, finally saw some joy with the money brought into their lives. Believe it or not, we bought a client a color TV before we collected, expecting to receive funds later. This woman never had a color TV. That's the kind of person whose inheritance was looted.

Point of the story - these are complex issues. When one party has a lot of leverage over another, abuses can happen, especially when money and property is involved. Given the size of the estate, which was modest but still sufficient, our firm took the case on contingency. It was a bit of a risk but perhaps one of the most satisfying cases we ever won. Army judge has given you some advice. These matters are complex and you will need help and advice that is suitable specifically to your situation -- someone who can review the legal agreements that we aren't seeing. Good luck.