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Well myself and my mom are going to eviction court to tell the judge and jury that her son exploited, lied, and took advantage of her blindness to get her house. Now he is dead and his son sold it. He went to probate Court and got all his dad's things but Houston is where all his dad's things were located. The house is in another town and we never got anything from probate that the house was on it. Well anyway she wants it back and the deed made like her will. And she has witnesses and evidence that she would of never signed it without it being as her will reads 4 children split and if any of us take the other to court for our part then that child gets nothing. My mom is 91 and blind and was blind at the time that her son had the deed done.

Mama and I are doing fine.She was in hospital for 3 days and I stayed with her.. Now back at nursing home and I am back home.I really like my home I leased here in town to stay close.. It's a lesson learned.I did talk to my half sister. He calls her sometimes .She said he had to get the house cause he lost in a business deal with some partner and owes a lot of money to probate lawyer and investors..So the guy who he gave it to, they are going in business together.. Sounds like a bad investment gone wrong..She said he still owes on my brothers funeral and that's been 3 years.. But Mama and I are truly blessed and happy.. Just trying to keep her well.Hospital stay is stressing..And no rest ..😊
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The evidence is going to be difficult, because the only other person who could be usefully called to account - for example required to explain what steps he took to ensure his blind mother's understanding of the document he was requiring her to sign - is no longer with us.

So you'd be trying to prove a negative without even having the surrounding circumstances open to objective questioning. And you don't have access to any pro bono citizens' advice/legal advisory services, do you?

If you are okay, and if your mother is okay, then moving on is going to be best for you. The real wrongdoer in the case is pushing up the daisies; and though it may grate for his son to be the beneficiary... well. He's not the real culprit.

Get all your paperwork and information together, tidy it up, stick it in an archive file and leave it for posterity.

How are you doing, otherwise?
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Well I finally heard from EPS and they said because we can't provide evidence other than my mom telling them that she would of never signed a deed that left her son 💯 percent of her home that they more than likely can't do anything for her.. This is so wrong but I guess I will tell them to forget it so there won't be any more stress on me ..My heart is broke and it's making me feel crazy..So maybe I should just let it be and move on.
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On the Movoto website, it is listed for sale.

This appears to be a link you can search for Texas filings:
www.texasfile.com/register/

There is a realtor listed on the Movoto website; I'm sure she'd be interested to see your mom's deed. 
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Google is only an internet search engine, and it's only as accurate as the information it is able to access, and how often that info is updated. It's not anything "official".

I am not exactly sure where you can find information about who officially owns the house and when it is changing hands. I am guessing any sale has to be recorded by a city or county department, such as who is now responsible to pay property taxes on it, etc.

I hope some other folks have better answers for you, Lisa. And I hope you and your mom are hanging in there.
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If anyone might help me to understand why when I Google the house that I lost an eviction to, it still shows my mom as owner and if that's normal, will I be able to see what's going on with it as far as if it was to go up for sale without a realtor by Google.
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I don't know why he was there but him and the guy that bought house was. I have to move in 5 days don't know if that's starting yesterday or today.So I am going to try my best to get a place and move, cause the grandson wanted the things in the house but I seen the buyer put his hand up like stop..EPS still has an open investigation on the grandson selling the house but it takes time I know but I will fight to end . They said also they can help get lawyer. Might have to move for now but who knows what might happen when they get involved.. Mama got a lot off her chest and everyone listened but the jury's hands were tied due to eviction being on me.. They didn't serve my other 2 son's that live with me cause he only thought it was me and my oldest son.. The guy that bought it kept saying that has nothing to do with the case and I would tell judge that it leads up to why this eviction was happening but she sustained it every time. Country mouse you gave me an excellent procedure for everything if it would of been a different situation. When I cross examined the grandson he lied ,so when I question mama that's when she told him.You are a liar and thief and said all her heart felt without any tearing or emotions but being pissed..I wish I could of recorded it..
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Lisa, get a lawyer.

Whether or not the house in question belongs to the person seeking the eviction order in question is, pretty obviously, highly germane.

I completely agree with SnoopyLove that the key thing to focus on immediately is your and especially your mother's wellbeing. But that doesn't mean the title issue isn't worth pursuing.

What was the grandson even doing there? I thought he'd already "sold" the property?

How is your mother after her moral victory? :)
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Lisa, I'm glad there was a bright side of sorts today and hope that APS can help you and your mother in this awful situation. Please let us know what happens. Blessings to you for being such a caring daughter.
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Well because the case was an eviction case on me the judge didn't let me present any evidence about my brother ripping off his mom. and the grandson that sold the house .my 91 year old mother got up on the stand and called him a liar and a thief , she didn't care if it was not suppose to be said or not.Then she started going off on how his dad stole her home and so did you.He started going off on her and he was told to shut up or leave . Loosing was upsetting but that 15 minutes was glorious..He didn't get anything in the house and he wanted It bad.. Still have adult protective services on it..
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Country mouse I did it just like you showed.Now I had 17 documents to list so,I just put what they were and will explain them in the testimony ? Then I told them what I mean to prove which is what you said Excellent Thanks very much..
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If My dad's will was never probated does that mean that when my mom had his name taken off deed ,but never got title transferred. Even though she is the hier does it make the deed legal..Or do we need to go and probate his will to make it legal and binding ?
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One thing I did do was report to Texas department of Ageing and disabled and they have opened an investigation , they might not can do anything about what happened to my mom as far as what my brother did but they said they might can get his son for exploiting me out of my share of house, they may not can change the decision of the jury if it goes against me but it's hope when I tell the jury that they accepted my report and opened it for investigation..
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Thanks country mouse for the understanding and for the example of a opening statement.. You have made me stronger and more importantly you have inspired me.
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You ask for a moment to collect yourself. Concentrate on breathing - might be a good idea to look up breathing exercises now and practise one that suits you.

As you're "in person" I'm sure the court will do all it can to help you within the bounds of normal procedure.
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To short of notice to be able to hire a lawyer in and around a small town. I've been trying for the whole two weeks I had. Going to take this on my on.I have all my statement and witnesses just don't have my emotions strong.What if i start tearing up during any part of the trial .Do I just shake it off and apologize to the court and keep going or do I try to hide it?
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Well as far as asking for more time, the Judge was out today? Just had closed sign so maybe court .We only have one here in town so I will have at it again tomorrow.. Turned It in to the Texas department of Ageing and elderly abuse. Made a report for my mom with all the witnesses Phone numbers and names and I also submitted my report on my knowledge of the case.. Talked to a lawyer but to busy but he recommended me to another..I really think it might be to late but if I pay them just to ask for more time then I might can get one.Hope Judge is in tomorrow.I only had 3 days before court to be able to ask for jury but don't know how many days to ask for extension..
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My mom and I have receipts that she always paid the taxes even when it was in my brothers name.And me and Mama lived at home till the end of 2013 .
We have family land and with her lease money she paid taxes .We have no claim on the land till she is deceased.From 1985 when dad and her bought the house till 2015 when brother died . His son didn't pay the taxes either. After his dad's death.my brother found out the house had been in his name long enough so merp couldn't get it . That's when he locked me out and Mama and left her in nursing home and told me I better get gone..Had to move to hotel and try to make it but ended up leaving in my car and the clothes on my back to Oklahoma with my daughter.That was 2013 August..Then in 2015 may , he died and I came back and got into my bedroom through the window with mama watching.. We came in and when we got back to nursing home my brother son called the chief of police on me .So he came to nursing home and asked me who this guy was told chief who and what he wanted to harass me for being in the house and Mama told him that's her house and he needs to leave me alone. He came down to tell her that her son was dead but not that he was selling her home and he knows my brother never lived there or came here to see mama due to his home situation.His common law wife is the one that had been telling him for years to leave since2005 but he wouldn't leave.We didn't know till 2005 when he came to see Dad and us up in Austin and when he got back after a week she had moved all his stuff out into a storage and locked him out and the next thing you know cause he wouldn't leave she shot him in self defense 10 years later..I really believe and my mom and sister that in 2005 is when he changed and was very controlling due to her wanting him out and him not wanting to move from there . Not sure about the man that bought it but I do know I sent his lawyer all receipts for the saving the house from auction and offered to give my brothers part of house cash to whoever.Never got a response.Just hope I can get a lawyer or more time to get one..So much stuff to explain, I need to narrow it down..
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The current owner of the house certainly hasn't done anything wrong. He has purchased real estate with a tenant in situ and has gone to court to get her evicted.

The villain of the piece is the (allegedly) skulduggering brother who told Mother the (alleged) taratiddle about what she was putting her name to. But he will not be paying anyone's costs.

If the grandson misrepresented the legal situation to the purchaser, the purchaser (now would-be evicter) might have some comeback against him.

Not Lisa's problem! That's something :)
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That's the first positive thing I've heard, Lisa: that your mother's signature was not witnessed. Can you also prove that at the date of this signature she was visually impaired, unable to read the document, and totally reliant on others to tell her what was in it?

If this document is also in direct contradiction of every other instruction she has ever given to anyone about her property, and given that this is a civil case and the benchmark is the "balance of probabilities" rather than reasonable doubt...

You might just get somewhere. You are trying to prove that the transfer of property was carried out *fraudulently*. Stick to that, don't muddy the waters with a load of boo-hooing about how mean your brother was.

Apart from anything else, he was paying property taxes on the house your mother was living in for some years, right?

Be careful to stick to that one key point: there never was a legal transfer of property.
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You need to contact a good probate attorney, immediately.

If this person is deemed to have done something wrong, he may be on the hook for YOUR legal fees.
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Going to do that first thing Monday.I have the deed that my brother had done,no witnesses on he it cause knew they would read it and tell mama it's not per her will like he told her It said.All my witnesses are going to testify they have known my mom for years and my dad and me and that there is no way my dad or mom would of gave it to just himself..My mom and I are going to testify to the same.I just don't know how to turn in my evidence or witnesses list..We have only 1justice of the peace so I can only hope that she allows me time to get lawyer but if not I am going to do what everyone has suggested and have that opening statement ready then my witnesses to back it up .. Receipts will be from back lien taxes cause nobody bothered to pay them after his death.His son was to busy paying probate lawyers..I wish I would of let it go to auction..
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Lisa, you need the throw yourself on the mercy of the court and ask for a postponement. Truthfully, you sound like you’re running around like a chicken with no head. Immediately call legal aid and get assigned an attorney or paralegal to help you. That way you are certain that all is being done that can be done, and the right way.
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Sorry Lisa, I was typing while you last posted.

So the eviction is being pursued by the new owner. Who must have bought the house with a sitting tenant, then; and is therefore either a natural-born optimist or is very experienced in dealing with this kind of property and knows what he's about.

But if your mother's name is still on the deed, although I wouldn't actually know for certain, I do not see how the house could be sold without her agreement. So I'm guessing her name is no longer on the deed. Do you in fact have a copy of the deed as it currently exists?

Your father died in [date], leaving the house to your mother.
Your mother added your brother to the deed, giving him part ownership of the property, when? And why?
At some point your mother must have been removed. When? And why?

Your mother was in a nursing home for how long? Who was paying for this?
When did she return to the house?
Who had been paying taxes in the interim?
How did the property taxes come to be three years in arrears?

Get everything down in date order, you need a timeline.

It occurs to me, too, by the way, that the court may be able to advise you on where you might find a lawyer.

But lawyers aren't normally reluctant to take on work. If no one in your area wants to touch your case with a stick, are there reasons for that that you're aware of?
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Call the court first thing on Monday morning and ask for advice. If there is a way of postponing the hearing they will explain it to you.

To clarify.

Your mother lives in a house. You live with her.
Your late brother's son claims that he owns the house. He is going to court to evict you and your mother so that he can sell it.

You have to prove that the house belongs to your mother, and that her grandson does not have title to it and therefore cannot evict her nor sell the house.

What exactly does it say on the deed?

How do you aim to prove that any documents showing that your mother transferred ownership to your brother are invalid?

Receipts won't do it. Statement from your sister? - saying what? People who helped you over a five year period and witnessed your brother's behaviour? - does any of this help to prove that your mother did not knowingly transfer ownership of the house to your brother?

You have to prove that your mother was actively co-oerced by your brother into signing a document believing that it was something other than what it was. Or, are you suggesting that your mother did not sign any document, and your brother forged her signature?

No jury is going to *like* a young man who goes to court to evict his own grandmother. But that doesn't mean he doesn't in fact own the house. And unless you do mean that there was forgery involved, you're talking about proving that ten years ago your mother signed a document without knowing what it was because a person who is now deceased lied to her about it. Please tell me her signature was not formally witnessed?

What will you do if the court finds against you and the eviction order proceeds? I wonder if you might do better to work on a Plan B.
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The title was never transferred just my dad's name taken off deed and left Mama's on . When my brothers son sold it they transferred It out of dad's name to my brothers name then to his son name then to the man that bought it.
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When would I ask for more time? At court or Monday? She postponed it a week ago cause I requested a jury.I do have receipts, statements from my other sister and people that helped me with her during 2008- 2013 when he locked the house and kicked me out and left mama in nursing home knowing she was supposed to come home.He wouldn't even give her a key.
He lived in Houston and a Houston lawyer is who I will be facing.. ll
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Write down dates, Lisa. WHEN did the events you describe happen? In what order? What documents have you?

Unless your opening statement will be something like...

"We will present the courts with documents including:

[list the documents you have]

which will show that Mrs [Mother] was fraudulently deprived of her house, to which she now claims title."

... you're right up a gum tree.

What matters is TITLE. You have to show
• that your mother was the owner of the house
• that when she transferred the house to your brother she did so in the belief that... what? What did your brother tell her the document was about?
• that the transfer was therefore invalid
• that therefore title remained with your mother
- and hence she has continued to live in it and still does
• that therefore the house was not your brother's to bequeath to his son
- and hence you have assisted your mother by paying property taxes, in the reasonable belief that the property belonged to your mother.

But you will need proof. If you don't have any, forget it. Even the most tender-hearted and compassionate jury still needs some kind of evidence to go on.

Maybe, actually, the best thing you could do would be to ask for more time to find a lawyer.
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Ask the judge to reschedule because you haven't been able to find a lawyer.
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Still not able to get lawyer, to short of notice..
I'm going to be it.I know it's not a good idea but I don't have any other choice unless one calls.
Any ideas for a opening statement..I am studying the procedure for a civil courts trial with jury but any ideas for the opening statement?
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