Squatters" Rights?

[ceen22]

What is the name of your state? District of Columbia/Washington D.C. I'm 48 and one of four sibs. My father passed away this past summer and my elderly mother is in poor health. I'm helping her organize her finances. The problem is that my ten years younger brother inhabits my mother's childhood home and won't leave. I'm concerned that he may make some claim against the home simply because he has lived there ten years and has made various minor repairs over the years. Facts: my mother still manages her affairs and is competitent but has little resolve and wants to avoid confrontation. She owns both the home she lives in, in Virginia and also her childhhod home ( object of this discussion question) in D.C. and has title to both. Both homes are in a living trust. She has no rental contract with my brother, who manged to pay her $700.00 total last year, in cash, for the privilege of staying in the home and may have done the same over several or many of the last ten years. The are no records or receipts for any rent or work done to the best of my knowledge. Being adjacent to a university, properties such as this often fetch $1800.00/month. He's lived there at least ten years and has done some upkeep, yard work, some minor roof repair, painting inside etc.. Sometimes my mother has reimbursed him for this work and at other times he has worked to keep up the property in lieu of rent through a very informal, unwritten agreement. My brother has had trouble achieving the normal milestones in life and doesn't have a job, car, insurance, money, relationships etc.. Sometimes he is angry and often intimidates my mother. Her will stipulates that her properties and assets are to be divided equally after her death. I'm concerned that he may make some claim against the property after her death saying that he was never reimbursed for work he did in upkeep of the property (she would have paid for any materials used for repairs as he has no money) or that he has some claim to the property by simple possession. Should I have any concern regarding this matter? We are not so concerned that he is living in the home now but worry that he may make a later claim when the estate is to be settled.

[BelizeBreeze]

He is a tenent. Tell her to evict him.

[ceen22]

Eviction would solve things. Unfortunately I don't think my mother has the backbone to do it. It's a dysfunctional dance. My question though is more focused on whether he would have any claim against the property after her death.

[BelizeBreeze]

Originally Posted by ceen22

Eviction would solve things. Unfortunately I don't think my mother has the backbone to do it. It's a dysfunctional dance. My question though is more focused on whether he would have any claim against the property after her death.

Yes, the same as you.

Sit mom down and tell her either to make out a will now so that her wishes are followed, or to have sonny boy sign a lease (even if it's for $1 a month), THEN make a will.

[LindaP777]

Originally Posted by ceen22

We are not so concerned that he is living in the home now but worry that he may make a later claim when the estate is to be settled.

So, it's OK that he lives there for now, you just don't want him to declare some sort of ownership when your mother passes?

Would she be willing to put the property up for sale now?

[ceen22]

It's okay if he lives there now. It's really not okay, but that isn't the issue. The issue is my/our concerns about a later claim. My mother could sell the property and has threatened this, but it's getting difficult for her to make decisions now and she's reluctant to part with her childhood home. Furthermore it's prime real estate and one or more of her children might consider buying the other's out or perhaps renting it or living in it in the future. She does have a will and it stipulates equal division, four ways (4 children)