what can be done?

[klw]

Our family home in Georgia. The home had an unfinished basement.

Over 6 years ago, my mother and her sister agreed to live together. Her sister, my aunt, moved in and had the basement finished. My mother left all matters to my aunt as far as what she could do with the basement. A

fter the renovations were done, my aunt had my mom sign a note, unbeknownqst to me that she could live there for 40-50 years until she died. My mom is the oldest. They had a verbal agreement that my aunt would give my mother money 200-300 per month for the utilities.

Later, my aunt decides that she wants my mom to sign over what she considers her part of the house over to her and her sons. My mom was furious and refused to sign.

They stopped speaking. My aunt stopped paying for the utilities. For over 3 years she did not pay. My aunt died of cancer unexpectedly to all of us. According to her sons there is this document floating around and her sons have told my mom that their mom put a lien on the house.

Can they do this? What rights do my mom have? We feel that they are attempting to take the house because it was bigger and better. My mother would never have agreed to let her move in if this was something that she thought she had a right to if she renovated the basement.

Please advise!! We are really frustrated and this is dividing up the family.

 

[vrzirn]

See if you can catch the floating document and read it. Otherwise, go to the county Recorder's office and see if a lien was filed. Your aunt would have needed a judgement to do that-unless she was one of the licensed contractors working on the basement.

 

[klw]

few more questions: on what can be done

Thank you for your response. This really helps. I do have 2 more questions though.

1) Would you please explain the process of getting a judgement. What would one need to have to get this? Also, would my mom be notified of such a thing against her? Are people notified when there is a lien placed on their property?

2) How can a licensed contractor working on the basement be allowed to get a judgement on someone else's property? Especially if they were paid? My aunt was not the contractor, but she did hire someone that took her money and ran. The first contractor really did a botched job and she had to pay another contractor to make it liveable. Neither of the times did was my mom in on the costs or what was done. My aunt did not want my mom to know and my mom just thought that since she was her sister, she could trust her and that the basement was hers to live in for as long as she was there.

We had no idea that she had cancer and would only be with us for 5-6 years or that their sister relationship would go to crap. Now, I wish that my mom had never agreed to anything or that I also thought that it was a good idea.

When my aunt moved in, all expenses changed, gas/electricity, water, taxes, sewage, home upkeep and maintenance, security with alarm bills, etc. After 1 1/2 years my aunt stopped paying and it really hurt my mom emotionally and financially, but she endured and everything did get paid.

It really hurts us that she could think that she could live anywhere free and that she could claim a part of someone else's home or will it to her family. Now she has passed and their are so many unanswered questions that will go unanswered and so many things that her sons have one story and me and my sister, her sister's children, have another story.

Regardless, we need to know our options and what legal rights we have. If we don't then this matter will come around again if something happens to my mom.

 

[klw]

Post reply: more questions

Thank you for your response last month, but I also have a few more questions that would be helpful to gain some insight. Please advise.

1) Would you please explain the process of getting a judgement. What would one need to have to get this? Also, would my mom be notified of such a thing against her? Are people notified when there is a lien placed on their property?

2) How can a licensed contractor working on the basement be allowed to get a judgement on someone else's property? Especially if they were paid? My aunt was not the contractor, but she did hire someone that took her money and ran. The first contractor really did a botched job and she had to pay another contractor to make it liveable. Neither of the times did was my mom in on the costs or what was done. My aunt did not want my mom to know and my mom just thought that since she was her sister, she could trust her and that the basement was hers to live in for as long as she was there.

We had no idea that she had cancer and would only be with us for 5-6 years or that their sister relationship would go to crap. Now, I wish that my mom had never agreed to anything or that I also thought that it was a good idea.

When my aunt moved in, all expenses changed, gas/electricity, water, taxes, sewage, home upkeep and maintenance, security with alarm bills, etc. After 1 1/2 years my aunt stopped paying and it really hurt my mom emotionally and financially, but she endured and everything did get paid.

It really hurts us that she could think that she could live anywhere free and that she could claim a part of someone else's home or will it to her family. Now she has passed and their are so many unanswered questions that will go unanswered and so many things that her sons have one story and me and my sister, her sister's children, have another story.

Regardless, we need to know our options and what legal rights we have. If we don't then this matter will come around again if something happens to my mom.