eviction of a relative

[bigswifty99999]

Hi! I live in New York State, and I realize I will probably
need a lawyer, but I just want to know what I'm in for.
My mother has been widowed for the last 5 years. Because of her financial situation, it has become necessary for her to sell her house. The problem is her mother has lived in an apartment in the house (mother/daughter legal)for 35 years.
She paid $15,000 35 years ago to renovate the house to make the apt, and a dormer upstairs to replace the bedrooms. She is 86 refuses to leave, has made no effort to find another place, her other daughter refuses to help monetarily, emotionally etc. (recently the apt became infested with roaches because her other daughter didn't clean and my mother can no longer do it) and no rent was ever asked of her. She has not monetarily contributed ANYTHING more than the 15,000. My father in his wisdom would not put her name on the deed. There was no written contract, and no verbal one either.

My question is: how does my mother evict her. The eviction notices I've seen seem to be for non-payment of rent or nuisances. How long will she be able to stay. My mother has put the house up for sale.
Thanks in advance!



[Edited by bigswifty99999 on 03-02-2001 at 12:12 AM]

 

[dj1]

All your mother has to do is give a 30 day notice to evict, then when she doesnt leave you have to have her legally evicted in court...

But be warned evicting an 86 year old in new york is not a good idea.

Why dont YOU move into the house and help out with the expenses?

Sounds like you hate your grandmother.... thats a pity.

 

[bigswifty99999]

Thanks for the advice, I don't think my wife and kids would like it if I moved into my mother's house. If it sounds like I hate my grandmother, it is because since my father died neither she nor my aunt have lifted a finger to help my mother. My mother and father took very good care of her for 35 years and now I think my Aunt should start taking care of her!! My mother was left with little else than the house which is way too big for just her and my grandmother.
Don't make assumptions about people in these forums when they are trying to be brief and spare you from their own pain.

 

[dj1]

Well why hasnt you mother demanded she pay rent and utilities out of her social security check?

Where has the last 20 years of her SS check gone?

Maybe when she dies you will find out she has $100,000 stashed away.

The only other idea is ...get her comitted into a nursing home since she owns NOTHING medicaid would pay for it...

But first find out if she has a stash of CASH, and disburse most of it, according to law she has to give away everthing at least 3 years before she can collect medicaid..if not then NY state will get it first!

[Edited by dj1 on 03-02-2001 at 09:45 PM]

 

[bigswifty99999]

My mother felt that she couldn't ask her own mother to pay rent (it was never offered either) and finally when it got bad she pleaded with my grandmother that she needed help, to no avail.
Her finances have been controlled by her and my aunt, I'm sure the money has moved to my aunts' account.

 

[dj1]

Well then THAT is your MOTHERS PERSONAL CHOICE, not to ask for rent and utilities.

MY father has his mother living in the upstairs apartment too., and he is LOSING $6-7000 a year in rent over what he could get on the open market, but he has control over her finamces and yes even MY grandmother pays rent, and utilities so she can get in home care,

Has you mother been claiming your grandmother as a dependent for all these years...? NO thats dumb...

as long as she pays over 51% of her expenses she can claim her, and free rent and utilties count as income to the grandmother, to determine is she qualifies as a dependent on your mothers tax return.

 

[bigswifty99999]

She has been claiming her as a dependent, but I'm sure she is not itemizing utilities,rent, gas she uses to take my gm to the senior citizens center 4 days a week, etc.

For the amount my mother still pays in taxes, I don't think all this could be included.