• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Not sure what to call this thread???

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

gdog

Junior Member
What is the name of your state (only U.S. law)? Alabama

I will try to make this as short as possible and still explain in as much detail as possible. Thanks in advance!

In Oct. of 2014 my aunt passed away. Rest her precious soul. Her son and my cousin of course was living with her and has been for several years now. No one new she was sick, but when she found out she had cancer, she lasted less than 2 months, I think more like a month but that don't really matter, sorry. My aunts son has not worked for several years now, and really no excuse other than laziness. He claims he's a diabetic but takes no medication. They moved from another location close to where my family lives because he could not get along with his sister where they were living. My aunt had 2 daughters and a son. Hopefully enough background for now.
OK, when my aunt was sick both girls came to see her before she passed away. One from overseas the other from several hundred miles away. Now being her son had no place to live now because they were just renting, he came to my mother who is in her 80's and asked if he could move in with her until he could find a job and get on his feet. My sister and mother and myself meet with him and of course not knowing what was to come agreed he could stay in my mother's basement, which has all necessary facilities to live. At the time we ask that he needed to help pay for the usual utilities and that was all.
My aunt had a life insurance policy and had her son as the beneficiary, but told all three of them in the hospital room before she passes, that they were to split the remainder after funeral expenses. He has paid them some but not all. He said he was going to pay them and now he says he has changed his mind. I have told him as well as my mother, that he needs to pay them their share or he is going to have to move out of my mothers basement.
Needless to say he has not looked for a job and I don't think he intends to. My mother does not need this problem at her age, and we really want him gone, and especially now that he has decided not to pay his sisters their share of the insurance money. I could probably go for a while, but I will see what you think so far and go from there. Thank you so much for any help you can provide!
Oh, and BTW he told me this morning he was getting an attorney because he thought this was nothing but extortion. OK, I will wait on your response. gdog
 


Zigner

Senior Member, Non-Attorney
With that said, the son is under no legal obligation to "share" the insurance money that he has received. The sisters have no claim to it.
 

Gail in Georgia

Senior Member
I'm assuming your mother is the only one who is listed as the owner of her house.

If she, at 80 cannot handle going through the process of evicting this person (and it's not difficult to do in Alabama) you can 1. help her file the paperwork...although all this filing has to be in her name OR 2. help her find a good eviction attorney who can handle the situation for her.

Now...if your mother wishes for this person to remain in the basement and it's everyone else who has decided he has to go....butt out. Unless your/their name(s) is/are on the mortgage (or mom can longer make her own decisions and you have the Power of Attorney to do so in her financial matters) none of the rest of you have any say in getting him out.

Gail
 

OHRoadwarrior

Senior Member
Note if your mom passes. He will freeload until a court appointed executor can finally get him evicted. That could take a long time. Better sooner than later.
 

gdog

Junior Member
Update!

What is the name of your state (only U.S. law)? Alabama

I will try to make this as short as possible and still explain in as much detail as possible. Thanks in advance!

In Oct. of 2014 my aunt passed away. Rest her precious soul. Her son and my cousin of course was living with her and has been for several years now. No one new she was sick, but when she found out she had cancer, she lasted less than 2 months, I think more like a month but that don't really matter, sorry. My aunts son has not worked for several years now, and really no excuse other than laziness. He claims he's a diabetic but takes no medication. They moved from another location close to where my family lives because he could not get along with his sister where they were living. My aunt had 2 daughters and a son. Hopefully enough background for now.
OK, when my aunt was sick both girls came to see her before she passed away. One from overseas the other from several hundred miles away. Now being her son had no place to live now because they were just renting, he came to my mother who is in her 80's and asked if he could move in with her until he could find a job and get on his feet. My sister and mother and myself meet with him and of course not knowing what was to come agreed he could stay in my mother's basement, which has all necessary facilities to live. At the time we ask that he needed to help pay for the usual utilities and that was all.
My aunt had a life insurance policy and had her son as the beneficiary, but told all three of them in the hospital room before she passes, that they were to split the remainder after funeral expenses. He has paid them some but not all. He said he was going to pay them and now he says he has changed his mind. I have told him as well as my mother, that he needs to pay them their share or he is going to have to move out of my mothers basement.
Needless to say he has not looked for a job and I don't think he intends to. My mother does not need this problem at her age, and we really want him gone, and especially now that he has decided not to pay his sisters their share of the insurance money. I could probably go for a while, but I will see what you think so far and go from there. Thank you so much for any help you can provide!
Oh, and BTW he told me this morning he was getting an attorney because he thought this was nothing but extortion. OK, I will wait on your response. gdog
OK, Thanks for all the great answers. A little update. The property was put in my sisters and my name last year.
And my mother wanted him out as much or more than we did.
We met with my cousin on 2/15/2015 and told him to be out by the end of the month. I talked with the Sheriff of our county and he told me to hand deliver an eviction notice. So, on 2/18/2015 my Brother in law and myself hand
delivered the eviction notice to my cousin. As of today, he has still not removed everything
from the basement. He is trying my patience. He has moved most and will not be sleeping down
there any longer. It has been locked so he cannot get back in. He has had ample opportunity to
get everything out but just has not done it. I personally don't want him on the property again.
Can I keep him off the property? The things he has not removed were his mother's. Can we just keep
those things to give to his sisters? They both live out of town and cannot defend themselves very well. We
are basically having to try and help them the best we can. Thank you in advance. gdog
 
Last edited:

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top