Problem with my brother----it is long..

[Gowolfy]

What is the name of your state?What is the name of your state? CA. This is my situation. I have one brother and my mother's living trust states that her real estate will divide into equal between two of us. There are no other assets. Because my mother can't take care of herself anymore, my wife and I decided to take care of her in my house two years ago rather than put her in nursing home. That was what my mother wanted, too. My wife has been taking care of her in the last 2years. Since my mother will need to get in the wheelchair soon, we need to move somewhere that we can provide proper care for her such as wheelchair friendly environment and bigger room with her own bathroom. Only way we can do this is move into my mother's house. We just can't afford to buy another house by selling my house and reinvest to better house since property tax will be more than triple. After she passes away, I want to buy my brother out so that my family can stay there without worrying about my brother. But my brother doesn’t like this idea. I don't know why. There is nothing to loose on his side. Anyway, I have to fix up my mother's house for wheelchair accessible and add bathroom for her. We will write legal document showing that my mother owe us $x with whatever the interest is so that my brother or anybody else can't touch that money. I have no intention of stealing any money from anybody but is there any way that I can buy my brother's share without his agreement after my mother passes away. Thanks

 

[seniorjudge]

What is the name of your state?What is the name of your state? CA. This is my situation. I have one brother and my mother's living trust states that her real estate will divide into equal between two of us. There are no other assets. Because my mother can't take care of herself anymore, my wife and I decided to take care of her in my house two years ago rather than put her in nursing home. That was what my mother wanted, too. My wife has been taking care of her in the last 2years. Since my mother will need to get in the wheelchair soon, we need to move somewhere that we can provide proper care for her such as wheelchair friendly environment and bigger room with her own bathroom. Only way we can do this is move into my mother's house. We just can't afford to buy another house by selling my house and reinvest to better house since property tax will be more than triple. After she passes away, I want to buy my brother out so that my family can stay there without worrying about my brother. But my brother doesn’t like this idea. I don't know why. There is nothing to loose on his side. Anyway, I have to fix up my mother's house for wheelchair accessible and add bathroom for her. We will write legal document showing that my mother owe us $x with whatever the interest is so that my brother or anybody else can't touch that money. I have no intention of stealing any money from anybody but is there any way that I can buy my brother's share without his agreement after my mother passes away. Thanks

There is no way you can buy out bad brother. Ma can change the living trust if she is still competent; if not, then you are stuck with what she set up in the first place.

You may want to check the trust provisions and she if she made a provision for her care and payment to the caretaker.