Evicting Member Of Family

[spectropop]

What is the name of your state? California

I inherited the family home in 1999 when my mother died. My brother was living in the house and is still living in the house. He has a mental illness, but can shop for himself, etc. I would like to get him out of the house, it is clear to me that he should not be in an independent living situation and it's not working out with his living here. We have owned the house since 1955. What steps to I need to take to evict my brother?
spectropop

Important PS: I am sole owner of the house.

 

[rmet4nzkx]

I take it there was a promise made to him allowing him to reside in the home and you to get the home so as not to affect his disability income/ssi/medicalcal, right and now you are tired of your responsibility. You can't just evict him. You will have to work with various state programs to properly place him. If you provide more information, I can provide some referrals.

 

[spectropop]

Evicting a Family Member

<<I take it there was a promise made to him allowing him to reside in the home>>

There were no promises asked of me or made by me. I believe my mother EXPECTED me to let him live here. She was in denial about the extent of my brothers abilities and refused to have him join a group or live in a coop-like situation. He sees a psychiatrist and a counselor once a week. He does nothing all day but sit in his chair downstairs in his room, watch tv or fantasize about who knows what. He's a very nice guy. The problem is, I am left with his dirt, his smell and his refusal to do ANYTHING in the house. He comes upstairs to the kitchen for meals. He DOES wash his dishes. You are correct, I no longer want to live with a brother who has a mental illness. I must have some rights here too, yes? If I am the sole owner of the house, why can't I choose to live here alone? I am not legally responsible for him.
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[Wolflmg]

<<I take it there was a promise made to him allowing him to reside in the home>>

There were no promises asked of me or made by me. I believe my mother EXPECTED me to let him live here. She was in denial about the extent of my brothers abilities and refused to have him join a group or live in a coop-like situation. He sees a psychiatrist and a counselor once a week. He does nothing all day but sit in his chair downstairs in his room, watch tv or fantasize about who knows what. He's a very nice guy. The problem is, I am left with his dirt, his smell and his refusal to do ANYTHING in the house. He comes upstairs to the kitchen for meals. He DOES wash his dishes. You are correct, I no longer want to live with a brother who has a mental illness. I must have some rights here too, yes? If I am the sole owner of the house, why can't I choose to live here alone? I am not legally responsible for him.
spectropop

If he smells, try to get him to take a bath or shower. Talk to him about helping you around the house, giving him stuff that he is able to do with no problem.
Heck my brother has bad breath and sits around the house all day, but I'm not going to kick him out becaue of that.
He's family. I'm sure its hard taking care of him at times, but he probably needs you just as much as you need him.

 

[spectropop]

evicting member of the family

<<He's family>>

It's certainly true that he's family. I don't want to live with him. While I appreciate your responses, they aren't addressing the legal issue. Can I legally get him out of the house?
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[rmet4nzkx]

In this case you are your brother's keeper, unless you find him appropriate placement. Basically in California, the lease/rental agreements pass from owner to owner until another agreement superceeds it after it expires, there are some statutary expectations. If your mother made an agreement and/or lead your brother to believe that he could live there as long as he wanted and was competent to do so, then that is the agreement, while not a typical rental agreement but does cover her obligation to provide for his care and otherwise he could have contested the will giving you the house. You were given the property with the expectation that you would take care of your brother, this also protects his disability income and the house from SSI obligations. Your, your mother's and brother's conduct demonstrate such an agreement. Your brother is not doing anything to harass you, hurt you, he is complient with therapy, keeps to himself, and you wnat to kick him to the curb?
CALIFORNIA CODES
EVIDENCE CODE
SECTION 620-624

620. The presumptions established by this article, and all other
presumptions declared by law to be conclusive, are conclusive
presumptions.

622. The facts recited in a written instrument are conclusively
presumed to be true as between the parties thereto, or their
successors in interest; but this rule does not apply to the recital
of a consideration.

623. Whenever a party has, by his own statement or conduct,
intentionally and deliberately led another to believe a particular
thing true and to act upon such belief, he is not, in any litigation
arising out of such statement or conduct, permitted to contradict it.

624. A tenant is not permitted to deny the title of his landlord at
the time of the commencement of the relation.

If and or when he is not able to care for himself and requires assisted living contact APS or NAMI for assistance, that is after reasonable measures to assure personal care and hygine, in other words, it isn't illegal to smell or not be as clean as you might like. Help him, find a day program available through mental health department. Please be advised, you could be charged with abuse if you evict him in violation of his rights.

 

[spectropop]

evicting member of family

<< Help him, find a day program available through mental health department. Please be advised, you could be charged with abuse if you evict him in violation of his rights.>>

Thank you for your reply. What are MY rights to live alone in the house that I own? NO agreements were made to provide living space for my brother. He pays no rent, does nothing to contribute to the upkeep of the house. He refuses to join a group, he's home all day long. Why don't I have any rights here?
spectropop

 

[rmet4nzkx]

<<He's family>>

It's certainly true that he's family. I don't want to live with him. While I appreciate your responses, they aren't addressing the legal issue. Can I legally get him out of the house?
spectropop

You took the house knowing your obligation to your brother.
One way you could legally do this is to sell the house, you pay all legal costs, put half the proceeds of the sale and any other funds as he would have been entitled to by virtue of your mothers wishes, into a special needs trust for your brother, with someone else as trustee, arrange for him to be transitioned into appropriate housing and provide for additional care and assistance as needed.

 

[rmet4nzkx]

<< Help him, find a day program available through mental health department. Please be advised, you could be charged with abuse if you evict him in violation of his rights.>>

Thank you for your reply. What are MY rights to live alone in the house that I own? NO agreements were made to provide living space for my brother. He pays no rent, does nothing to contribute to the upkeep of the house. He refuses to join a group, he's home all day long. Why don't I have any rights here?
spectropop

You both have rights, but the only reason he doesn't share title to the house with you is because he didn't contest the will because of the agreement with your mother, otherwise it could be seen as fraud, financial abuse etc. Didn't your probate attorney tell you any of this? Do you pay rent? How much SSI/SSDI does he get? Who is his rep payee? What happens to his money?

 

[stealth2]

Remind me to count my blessings tonight.

 

[rmet4nzkx]

Remind me to count my blessings tonight.

You can say that again. Well you know they say we can choose our friends but not our enemies, uh I mean our family

 

[spectropop]

<<he didn't contest the will because of the agreement with your mother,>>

There was no agreement with my mother about my brother or the house. In fact, my father told me, before he died, that I was not responsible for my brother.

You all can criticiize as much as you like, it's easy to do that in front of your computer. Not brave, but easy. How many of you live with your schizophrenic brother who should NOT be in an independent living situation to begin with. Because of years of denial of my parents, he does NOTHING. I know that if he moved into a coop with others who are struggling just to live, he'd be set up with medical advice (he refuses to go to a doctor even for a check up), things to do during the day (he's EXTREMELY overweight), and group talking sessions (he has absolutely NO friends). I have lived with him for going on 6 six years now, and he has declined significantly. BTW, all of you who are making jokes at my expense, do YOU live with a mentally ill sibling? If not, please keep your uneducated, unknowledgeable snipes to yourself. They do no good here.
spectropop

 

[rmet4nzkx]

<<he didn't contest the will because of the agreement with your mother,>>

There was no agreement with my mother about my brother or the house. In fact, my father told me, before he died, that I was not responsible for my brother.

You all can criticiize as much as you like, it's easy to do that in front of your computer. Not brave, but easy. How many of you live with your schizophrenic brother who should NOT be in an independent living situation to begin with. Because of years of denial of my parents, he does NOTHING. I know that if he moved into a coop with others who are struggling just to live, he'd be set up with medical advice (he refuses to go to a doctor even for a check up), things to do during the day (he's EXTREMELY overweight), and group talking sessions (he has absolutely NO friends). I have lived with him for going on 6 six years now, and he has declined significantly. BTW, all of you who are making jokes at my expense, do YOU live with a mentally ill sibling? If not, please keep your uneducated, unknowledgeable snipes to yourself. They do no good here.
spectropop

Now one is making jokes about you, but you are making no sense.

You have been advised from a legal standpoint, your responsibility. Right now what you are suggesting is to seal from a person who is not competent and has equal rights to your parent's estate. It doesn't matter what you tell us now that your parents said before they died, It matters their demonstrated intent and your actions, obviously they never meant for your brother to abused, just because they were in denial, your brother has rights and it is abuse to do as you suggest. You can't evict him because he is fat or can't work. There are things you could do and you have avoided talking about those, you avoided those questions. WE are not going to advise you how to abuse incompetent people. If you want help call PAI, APS and/or NAMI.

 

[Wolflmg]

<<he didn't contest the will because of the agreement with your mother,>>

There was no agreement with my mother about my brother or the house. In fact, my father told me, before he died, that I was not responsible for my brother.

You all can criticiize as much as you like, it's easy to do that in front of your computer. Not brave, but easy. How many of you live with your schizophrenic brother who should NOT be in an independent living situation to begin with. Because of years of denial of my parents, he does NOTHING. I know that if he moved into a coop with others who are struggling just to live, he'd be set up with medical advice (he refuses to go to a doctor even for a check up), things to do during the day (he's EXTREMELY overweight), and group talking sessions (he has absolutely NO friends). I have lived with him for going on 6 six years now, and he has declined significantly. BTW, all of you who are making jokes at my expense, do YOU live with a mentally ill sibling? If not, please keep your uneducated, unknowledgeable snipes to yourself. They do no good here.
spectropop

Because of you parents denial as you say caused your brother to be in the state he is in, not wanting to go to any groups. I highly doubt your brother likes the way he is, but he probably feels he cannot change the way he is. If he has no friends as you say, your all he has. You can't just throw him out on his own, him being the way he is. He wouldn't be able to fend for himself.
Talk to your bother, get him intrested in a hobby or maybe even get him a pet, like a dog. That way he would get exercise playing with the dog, learn a little resposibility taking care of the dog. And in doing so perhaps learn to help you around the house. And when he goes on walks maybe he'll make a few friends.

 

[spectropop]

<<Talk to your bother, get him intrested in a hobby or maybe even get him a pet, like a dog.>>

Well, I have three dogs, he likes the dogs but he won't walk them. He won't leave the house, only to shop once a week. I'm not advocating throwing him out in the street, I want him evicted from the house. He needs to be in a supervised situation. He won't do it for himself. He needs to be forced to do ANYTHING. If he's evicted from the house, he'll have to talk to his counselor and doctor about being placed somewhere. Evicting someone doesn't mean they immediately get tossed on their ear. Sounds like most of you don't know that. He would have plenty of time to get help from his counselor to find a suitable living situation. Independent living is not something he can handle. I'll talk to a real lawyer, this was a waste of time. Mine and yours.
spectropop