• 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.

Terrible action by mom's partner's son -- HELP

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

zorgus

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

My mother lived with a man for 17 years. They shared a home. Her partner was declining with Parkinson's Disease. Her partner gave durable power of attorney to his son. He had also listed life-time rights to the home in his will for my mother. They then contemplated marriage so that they could live in a nursing home together etc.

The son panicked, took his father out of the house by trickery, i.e., "come on dad, you're coming to our house for a couple of days." He then served my mother with a notice to quit the property. My mother, stupidly, did not put up any money to own part of the house many years ago.

I've helped her to talk with several attorneys all whom say, "come on in" and "sounds like you have a case based on promise etc." Then, when she gets to the attorney's office, they frown and say, "they hold all the cards" and then resort to defending the notice to quit.

This has taken a terrible toll on my mother who is 75 and suffering from congestive heart failure.

Is there NOTHING that can be done besides litigation? Her significant other didn't want this. He's still alive, but a prisoner at his son's house. She's not heard from him since that fateful day.

PLEASE HELP.

Thank you
 


anteater

Senior Member
My understanding of life estates is that someone has to die for this to become effective.
If the life estate is granted in a will.

But I could convey a life estate to the finest termite mounds in my territory to Ma and Pa Anteater, naming myself as the remainderanteater.
 

Dandy Don

Senior Member
Is this the only child? If not, contact the other siblings to let them know what the son has done--this could be considered elderly abuse. If the partner is mentally competent, contact him to find out if he wants to stay where he is or if he wants his old living place back or contact your local social services agency to complain about this.

Can you think of the names of people who would have been witnesses to the will who would know about the life estate aspect of the will?
 

Find the Right Lawyer for Your Legal Issue!

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