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My Mom is having problems with her brother who's name is on the deed

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littlemama30

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

I am not quite sure if this belongs here as it has to do with living arrangements or if it needs to be in the family section because it has to do with family problems.

When my grandfather passed away he left the house to my mother and her brother as they were currently living in the house. Her brother took control of all the left over money and my grandfather's possessions (guns etc.) selling a good number of them. That was a little over a year ago, before my grandfather passes away my mom's brother fell and broke his leg. Since then he claims to be "disabled" and unable to walk (he walks just fine around the house, no he does not get disability, doesn't qualify) and therefore unable to work. At first even though he had control of the money my grandfather had in his account he was at least helping to pay the bills but when that money ran out he demanded my mother start paying her way which she had no problem with (before this she was always buying the food for the house and the other things that were needed). Well for the last 6 months she has now been paying ALL the bills (with the exception of cable & phone, they are not necessities).

She is currently paying the house insurance, electric, and water. She has also paid the property taxes for the last two years. All her brother does is stay in his room and keep buying large amounts of alcohol and at one time pot (his supplier moved to FL and then passed away). The cable bill is currently behind and the phone is turned off. My sister moved in with her 4 kids a few months ago and while she is trying to help my mom pay the bills, my mom's brother still is not doing anything to help. He still demands that my mom buy food for the house which she no longer does. She only buys enough food for herself and my sister buys only enough for her and her kids. At first they would put it away where it belongs and he would take it, then they would put their names on it and he would still take it, and now they have to hide the food it in their rooms and keep their doors locked.

My mom has set up a camera in the kids room to help watch them and she has seen him walking down the hall multiple times and can hear him messing with the doors. He does have girlfriend who has a job and is living with them as well, but she doesn't pay any bills either. She just pays for their cigarettes and alcohol. He is a felon and my mom knows without a doubt there are guns in his room (the ones that were grandpa's that he hasn't sold yet). She is willing to call the police to tell them but is also concerned at what this will do to her (she is corrections officer).

He has recently started the game of locking all the locks (including the chain) whenever my mom or my sister leave the house, even if they are just sitting on the porch.

The bottom line is she wants him out of the house but his name is on the deed. I gave my mom the suggestion of getting the place appraised, getting a contract drawn up, and take out a mortgage on half the properties value and buy him out of his half and the contract to state he gets X amount of money minus any damage he causes to the room or house. She is wondering if there is a way to get him out of the house without having to pay him at all, she doesn't think he will go either way without a fight. She doesn't trust him and while he is perfectly capable of working he is too lazy to get a job.

Yes I know this isn't my situation, but my mom doesn't know who she can ask questions to and I happen to find this while playing around on the internet. We live in a tiny town and there are not a lot of lawyers to ask questions to and the ones that you can ask questions to just brush you off unless you are a high paying case. While I know this isn't legal help, I figured it was better then nothing.

What are her options?

Can she just get him arrested and put his stuff in storage while he is in jail but would she get in trouble at work?
Should she do my suggestion and buy him out of his half of the property and house?
Or is there a way to evict him without getting police (unless he causes problems) or money involved since he is a lazy good for nothing and doesn't pay any bills anyway?​
 


Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? VA

I am not quite sure if this belongs here as it has to do with living arrangements or if it needs to be in the family section because it has to do with family problems.

When my grandfather passed away he left the house to my mother and her brother as they were currently living in the house. Her brother took control of all the left over money and my grandfather's possessions (guns etc.) selling a good number of them. That was a little over a year ago, before my grandfather passes away my mom's brother fell and broke his leg. Since then he claims to be "disabled" and unable to walk (he walks just fine around the house, no he does not get disability, doesn't qualify) and therefore unable to work. At first even though he had control of the money my grandfather had in his account he was at least helping to pay the bills but when that money ran out he demanded my mother start paying her way which she had no problem with (before this she was always buying the food for the house and the other things that were needed). Well for the last 6 months she has now been paying ALL the bills (with the exception of cable & phone, they are not necessities).

She is currently paying the house insurance, electric, and water. She has also paid the property taxes for the last two years. All her brother does is stay in his room and keep buying large amounts of alcohol and at one time pot (his supplier moved to FL and then passed away). The cable bill is currently behind and the phone is turned off. My sister moved in with her 4 kids a few months ago and while she is trying to help my mom pay the bills, my mom's brother still is not doing anything to help. He still demands that my mom buy food for the house which she no longer does. She only buys enough food for herself and my sister buys only enough for her and her kids. At first they would put it away where it belongs and he would take it, then they would put their names on it and he would still take it, and now they have to hide the food it in their rooms and keep their doors locked.

My mom has set up a camera in the kids room to help watch them and she has seen him walking down the hall multiple times and can hear him messing with the doors. He does have girlfriend who has a job and is living with them as well, but she doesn't pay any bills either. She just pays for their cigarettes and alcohol. He is a felon and my mom knows without a doubt there are guns in his room (the ones that were grandpa's that he hasn't sold yet). She is willing to call the police to tell them but is also concerned at what this will do to her (she is corrections officer).

He has recently started the game of locking all the locks (including the chain) whenever my mom or my sister leave the house, even if they are just sitting on the porch.

The bottom line is she wants him out of the house but his name is on the deed. I gave my mom the suggestion of getting the place appraised, getting a contract drawn up, and take out a mortgage on half the properties value and buy him out of his half and the contract to state he gets X amount of money minus any damage he causes to the room or house. She is wondering if there is a way to get him out of the house without having to pay him at all, she doesn't think he will go either way without a fight. She doesn't trust him and while he is perfectly capable of working he is too lazy to get a job.

Yes I know this isn't my situation, but my mom doesn't know who she can ask questions to and I happen to find this while playing around on the internet. We live in a tiny town and there are not a lot of lawyers to ask questions to and the ones that you can ask questions to just brush you off unless you are a high paying case. While I know this isn't legal help, I figured it was better then nothing.

What are her options?

Can she just get him arrested and put his stuff in storage while he is in jail but would she get in trouble at work?
Should she do my suggestion and buy him out of his half of the property and house?
Or is there a way to evict him without getting police (unless he causes problems) or money involved since he is a lazy good for nothing and doesn't pay any bills anyway?​
They are coowners of the house and have equal rights. She cannot evict him. She would either have to buy him out with a written contract and deed OR file a partition suit.
 

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