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Willolincoll Asked May 2021

I have cared for my mom for 8 years. What rights do I have to remain in house when sister wants to evict me and she does not live there?

After 8 years of caring for my mom with virtually no help from sisters, there was a squable and my brother in law busted through my locked bedroom door and physically assaulted me while I was verbally berated by my sister who said she was contacting an attorney to have me removed from the only home I've had since moving back 9 years ago to care for my father. After he passed I have continued to care for mom along with shopping taking care of the house and yard cooking meals and doing laundry. Tonight is the 1st night I have had away from that house in over a year and I left because I was fearful for my safety. The sister claims to have poa but no one has ever saw it. There is no will but it was my dads wish that the house and property be mine when mom is gone. I have sacrificed everything in my life to do what was required of me and have suffered abuse at the hands of my sisters the entire time. I have personally done upgrades to the property using my own funds and labor and paid for additional help to get it done. Just last month I paid out over 1000 $ for painting and new handrails and staps on a back deck.
Only when my mom required hygiene help and my sisters had to provide it since I am male did they find it necessary to bring in outside help. Which alleviated them of any responsibility except 2 hours 2 days aweek. The 3 days the help was there a total of 12 hours I was required to get all the shopping done attend dr and dentist appts and any other necessities I required. Now all of a sudden I am being attacked by people who do not reside in the home and being told I have to leave. I am lost and confused and do not know what my rights are and what legal recourse I have and I desperately need direction. My sister is fiduciary over a VA caregive expense account which has been my only income for years now. I have a truck with 295000 miles on it and no means of getting a place for myself. I have recently been approved for disability but it is not enough to provide me with a place to live and the means to care for myself. I dedicated myself with the belief that the paid for home would ne mine to live out my days.
Besides I have been the constant for 8 years and the one my mom always ask for.
So please any direction is appreciated. We reside in Alabama.
Thank you

mstrbill May 2021
Also, as JoAnn said, please call the police. You have established residency, and have every right to be there.

JoAnn29 May 2021
You need a lawyer. There is a reason they want you out. Is Mom failing? Are you sure Mom doesn't have a Will? Dad needed to leave the house to you in a Will. Just saying it does not make it so.

This is how it works when there is no Will. Someone has to become the Administrator who carries out the same duties as the Executor. Difference being, the State determines who inherits. Usually its children first, then grandchildren, siblings, parents. So as a child, you should inherit.

You can live on SSD. You may be able to get SSI a supplimental income. There are HUD vouchers for housing and subsidized HUD apartments. Your County Social Services should be able to help you.

For now, I would talk to the police and tell them you have been assaulted and threatened with eviction.

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mstrbill May 2021
Is your mom of sound mind? If she is, or has not been declared mentally incompetent, you need to get her to act on your behalf. If mom cannot speak for you you need to seek legal aid for yourself. There should be a legal aid office that provides free or low cost legal assistance near you.

gladimhere May 2021
We really need more information. If I were you I would call an elder law attorney specializing in Medicaid. Depending on the situation and the level of care needed over the past eight years and what she needs now you may be able to remain in the home.

CTTN55 May 2021
"There is no will but it was my dads wish that the house and property be mine when mom is gone. I have sacrificed everything in my life to do what was required of me and have suffered abuse at the hands of my sisters the entire time. I have personally done upgrades to the property using my own funds and labor and paid for additional help to get it done. Just last month i paid out over 1000 $ for painting and new handrails and steps on a back deck."

But none of that is in writing your dad's wish?

When you write you did everything that was "required" of you, just WHO required this of you?

Now that you have left for your own safety, just who is taking care of your 93 year-old mother?

Beatty May 2021
I am sorry your parents got old & ill. You choose to care for them - a lovely gift.

Are you saying you expected a free house indefinitely in return?

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