What to do about a share living situation between adult siblings if only 1 of them is on the deed?

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What to do about a share living situation between adult siblings if only 1 of them is on the deed?

A mother and an adult daughter bought and moved into a house together (both of their names are on the deed). Soon after, the mother let her son (the daughter’s brother) move in. There was no written lease, and he paid no rent. Several years later, the mother developed Alzheimer’s disease. Her name remained on the deed but she was moved to the house of a second daughter, who was given power of attorney over her. The first daughter and the son don’t always get along. Is there anything she can do?

Asked on August 7, 2011 Delaware

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Here is the problem: your brother is a guest of your Mother and your Mother is no longer capable of acting on her own behalf.  The only thing that I can think to do is to ask him to leave along with the sister who is power of attorney.  If he does not then you will have to possibly evict him as a squatter. But you sister will have to be on board with this and really this is not your Mother's wishes.  I hate to say this because if you think that you do not get along now wait until this goes down.  It is obvious that your Mother loved you all and wanted you together.  But that does not always mean that you will get along.  That is hard for a parent.  Is it possible that instead of legal action you other sister or another family member can speak with him and let him know that it is time to go?  Try that.  Good luck.


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