How can I keep my brother from stealing my mom’s home

UPDATED: Oct 1, 2022

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How can I keep my brother from stealing my mom’s home

My brother has moved in my elderly
mother’s home uninvited with his
girlfriend and her children. He is
verbally abusive and pushy and I am
afraid he is going to try to kick her
out and keep her home. What can I do to
keep that from happening?

Asked on April 8, 2018 under Estate Planning, Kentucky


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you mother is still mentally competent--and more to the point, has not been declared incompetent by a court--there is nothing you can do: a competent adult can make her own decisions, even profoundly bad ones. If your mother chooses to let her son (your brother) take advantage of her, that is her choice.
If you believe that she is no longer mentally competent, you can bring a legal action (lawsuit) to have her declared incompetent (based on medical evidence: e.g. testimony of and tests by her treating physicians) and have a legal guardian appointed for her; in that suit, you can also present your evidence or reasons why you (and not, say, your brother) are the best choice for that role. If she is declared incompetent, her guardian will have power over her finances, property, and affairs, and can stop your brother from taking advantage. 
This is not a simple legal matter to bring, and you need expert help; consult with an elder law attorney to explore this option.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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