Welcome vs. Unwelcome

[Last_Responsible_Party]

California-
my wife & i own an acre in the country, on which our primary residence is located. 7 years ago, my mom purchased a new mobile home, and the only way that she could qualify for the loan was if we agreed that she could keep it on our property free of space rent (for the duration of the loan). we submitted a hand written note to that effect to the lender, that is the only agreement- written or verbal- that exists. the deal was working out just fine for everyone, until a couple of years ago. my 43 y/o, retired-at-birth sister moved in and squatted with mom, virtually taking over her life (not to mention wreaking havoc on ours). this was supposed to be a temperary deal, and sis never asked us if it was ok to live on our property, much less does she have our consent to live out her natural life squatting in our back yard.

first question: what would we have to do to send her hiking right now? does/will the time that she's lived here play any signifigance in removing her?

second question: what if she's still here when mom passes away? i have a durable power of attorney that mom signed to me several years ago, i don't think there are any other documents.

just knowing that we have some legal say in what is going on in our backyard would give us great relief.

thanx

 

[LL]

I can oly suggest that you see a lawyer for this one.

First, I don't know anything about mobile home law, second, you probably don't know exectly what you signed, third, you have behaved in a certain way for many years and that can be the basis of a contract. Next, this is family involved, not strangers as renters, especially since you say that your sister is retarded. Who will care for her when your Mom passes away?

In going to a lawyer, you should first have a clear idea of what you want to accomplish. Do you want the mobil home out? Do you want your Mom and sister out? Just sister? Do you want to allow them all to stay, but with your ability to set rules as if they were renters, and the right to get rid of them whenever you want? Do you want rent? Will you ever? This is important to think about before you go to a lawyer, then a lawyer can help you to set it up.

 

[Last_Responsible_Party]

Thanx for your response LL.

All I know about mobile home law is that it's considered/taxed as "personal property", although I'm sure that it has some residential application of law. What I signed was a simple hand written note that said: "(Mom) can locate her new mobile home on (our property) free of space rent for the duration of the original loan with (company name)." I still don't have any problem with that arrangement. I don't want rent from mom, and I'm afraid that if I charged it, it would lessen my rights down the road.

*LOL* Sis isn't retarded, she's "retired at birth". She's quite intelligent and able bodied, she just refuses to use her assets to support herself in a conventional manner. She's spent most (if not all) of her life sponging off of one person or another. She doesn't think that life is worth making an effort to live, she lives to "get something for nothing" and takes great joy in doing so. I really don't care who supports her when mom is gone, but it is NOT going to be me. Peace of mind could come knowing what I can do to distance myself from her when the time comes.

It's more than likely that mom's asset to debt ratio will eat up everything in her estate when the time comes, that's why I'm wondering what my Power of Attorney will mean at that time. Even if there IS anything left, she has three grown children that it would have to be split between, unless sis has gotten her to sign something that gives her sole rights of survivorship. Once sis parks her butt somewhere, it takes a bulldozer & a crane to move it, I'm sure she thinks that she's just going to take over mom's life when she's gone (like she hasn't already, but she's got a RUDE awakening in store for her).

Ok, ok. This is starting to sound like a soap opera, I just wanted to respond to your reply & say that I appreciate your having posted it.

Thanx

 

[LL]

1. ""(Mom) can locate her new mobile home on (our property) free of space rent for the duration of the original loan with (company name)."
How long is original loan? 30 years? I read this as saying that a) she can locate there for duration of original loan (30 years or whatever) and b) it will stay rent free for that time.

2. If Mom dies before original loan is paid off, sis not being self-supporting, may be entitled to stay on Mom's behalf.

3. Your power of attorney is good only while Mom is alive.

4. Your power of attorney may not be the only one.

5. You still need to think about what you want the arrangement to be. Then a lawyer may still make sense.

P.S. Durable power of attorney endures during illness or incapacity of empowering person, but does not endure after death.




[Edited by LL on 05-04-2001 at 04:58 PM]