What is the name of your state (only U.S. law)? texas
My mother in law has been declining mentally in the last year. She owns 2 houses- one that is leased by her daughter and husband at a VERY reduced rate.for the last 20 years She continues to pay taxes and repairs on house. Long story but the brother in law is a deadbeat and she always felt better knowing her daughter had a roof over her head. The house she resides in is about 75 miles away from where we all live. She has a second or rather a line of credit on the house my sister in law lives in. It came to their attention last week that she has run this line of credit up to the max and there is a balloon payment due in 6 months (she does not have the funds to pay and to be honest, I dont think she understands). Somehow my sister in law took her to the bank and got her to sign a POA so she could access this bank account and found out that she has been giving money to some guy who lives near her on the premise that he did work for her. My husband was aware of this line of credit but had no idea it was run up as high as it is.He has tried repeatedly over the years to get POA and she refused. The ironic thing is my husband has been the sole helper in the past 10 years. My sister in law and her husband were never helpful in taking care of her, They have been virtually non existent in her life up until the past week. Since they gained access to her bank account, they have determined that my husband (as they put it) coerced out of money in the last 10 years. My mother in law did help us out a couple of times (over 5 years ago). There are other checks written to my husband and as he has tried to explain, he always ran errands for her and she would reimburse him. She had knee surgery 2 years ago and we took care of everything during her recovery and she reimbursed us (there are alot of checks at that time). Oh, and she also gave my son money for his wedding 7 years ago. Since the sister in law is now afraid of losing the roof over her head, they are threatening to come after us for all money. He is basically threatening us and telling my husband his whole family will suffer. We are supposed to come up with repayment plan as soon as possible. How can he come after us for money from 5-10 years ago? My mother in law was competent at that time and still working. All this comes down to is they don't want to lose that house. The will states that both houses and any assets are to be divided equally between my husband and his sister on her passing. My idea is to get her out of the house she is living in and away from the guy she is presently giving money to.. bring her here until we figure out what to do, but they are more concerned with taking care of all the money they feel is owed to them.
I think they need to sell both houses, pay the debt down, open a trust and get her in an assisted living facility. My brother in law says that she can live with them because they are not moving out of that house. He has lived there 20 years and feel it is his. We are virtually powerless right now and just want to do what is best for my husbands mother. I do not trust him and am worried he will restrict my husbands access to his mother.
The rental market on the house they rent is $1200-1850/month- they pay $500 plus utilities. (talk about taking advantage).
Any advice would be appreciated.
My mother in law has been declining mentally in the last year. She owns 2 houses- one that is leased by her daughter and husband at a VERY reduced rate.for the last 20 years She continues to pay taxes and repairs on house. Long story but the brother in law is a deadbeat and she always felt better knowing her daughter had a roof over her head. The house she resides in is about 75 miles away from where we all live. She has a second or rather a line of credit on the house my sister in law lives in. It came to their attention last week that she has run this line of credit up to the max and there is a balloon payment due in 6 months (she does not have the funds to pay and to be honest, I dont think she understands). Somehow my sister in law took her to the bank and got her to sign a POA so she could access this bank account and found out that she has been giving money to some guy who lives near her on the premise that he did work for her. My husband was aware of this line of credit but had no idea it was run up as high as it is.He has tried repeatedly over the years to get POA and she refused. The ironic thing is my husband has been the sole helper in the past 10 years. My sister in law and her husband were never helpful in taking care of her, They have been virtually non existent in her life up until the past week. Since they gained access to her bank account, they have determined that my husband (as they put it) coerced out of money in the last 10 years. My mother in law did help us out a couple of times (over 5 years ago). There are other checks written to my husband and as he has tried to explain, he always ran errands for her and she would reimburse him. She had knee surgery 2 years ago and we took care of everything during her recovery and she reimbursed us (there are alot of checks at that time). Oh, and she also gave my son money for his wedding 7 years ago. Since the sister in law is now afraid of losing the roof over her head, they are threatening to come after us for all money. He is basically threatening us and telling my husband his whole family will suffer. We are supposed to come up with repayment plan as soon as possible. How can he come after us for money from 5-10 years ago? My mother in law was competent at that time and still working. All this comes down to is they don't want to lose that house. The will states that both houses and any assets are to be divided equally between my husband and his sister on her passing. My idea is to get her out of the house she is living in and away from the guy she is presently giving money to.. bring her here until we figure out what to do, but they are more concerned with taking care of all the money they feel is owed to them.
I think they need to sell both houses, pay the debt down, open a trust and get her in an assisted living facility. My brother in law says that she can live with them because they are not moving out of that house. He has lived there 20 years and feel it is his. We are virtually powerless right now and just want to do what is best for my husbands mother. I do not trust him and am worried he will restrict my husbands access to his mother.
The rental market on the house they rent is $1200-1850/month- they pay $500 plus utilities. (talk about taking advantage).
Any advice would be appreciated.