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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 96487
Experience:  Lawyer
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Our brother is living with & taking care of my mother in a

Customer Question

Our brother is living with & taking care of my mother in a mobile home that is shared ownership with one of my sisters. Mom is very happy with him there. Sister wants him out? My mother is 89 years old & is losing her memory very quickly. So we are discussing having her placed into a facility. Sister is threatening to kick him out within a week as soon as mom leaves. She has wanted my brother to have her share of the mobile when she passes. I hand wrote this out for her to sign October 20 of 2015, because I was concerned with said sister's motive. Does brother have rights? Our mom's wishes have been disregarded unfortunately.
Submitted: 4 months ago.
Category: Canada Law
Expert:  Legal Ease replied 4 months ago.

Is your mother mentally competent to make decisions about her finances and care now?

Are they on title as joint tenants or tenants in common?

Is there a Power of Attorney signed by your mother?

Expert:  Legal Ease replied 4 months ago.

Is your mother mentally competent to make decisions about her finances and care now?

Are they on title as joint tenants or tenants in common?

Is there a Power of Attorney signed by your mother?

Customer: replied 4 months ago.
No she isn't competent to make decisions now. No they are only verbal agreement for ownership. Unfortunately sister is the POA because she lives in the same town.
Customer: replied 4 months ago.
Brother has lived with her for 3 years.
Expert:  Legal Ease replied 4 months ago.

Are you saying that you do not know how your mother and sister are holding title? I am wondering if they are joint tenants or tenants in common.

Customer: replied 4 months ago.
They do not have it in writing as far as I am aware because sister has controlled my moms finances since my father passed away 6 years ago.
Customer: replied 4 months ago.
Brother says he doesn't want moms money I am trying to help him because he will have very little to sustain himself when sister makes him leave. Does he have squatters rights.
Expert:  Legal Ease replied 4 months ago.

You are missing my question. I need to know who is registered on title to the motor home with the government and how they are registered.

Customer: replied 4 months ago.
Sorry, my sister & her husband.
Expert:  Legal Ease replied 4 months ago.
are you saying that your mother actually doesn't own it at all?
Customer: replied 4 months ago.
She owns half of the mobile home but it is not in writing that she owns half. It is a verbal agreement
Expert:  Legal Ease replied 4 months ago.
Unfortunately, the facts are not going to be very helpful.First, there is no documentary proof that your mother owns half of the mobile home. Second, even if everyone agrees that she owns half of it she never provided anything that proves that she is letting your brother live in that home until she dies. Even if there had been something in writing that was about his ownership after she died and not about his right to remain in the home.Anyone acting under a power of attorney must only take steps that benefit your mother so your sister cannot sell something your mother owns and pocket the money. Rather, if your mother does own half of the mobile home and your sister sells the home the money must be put into an account for your mother.When your mother dies if there is no will her estate will be shared equally amongst all of her children if there is no living spouse.So while your brother may inherit some money there arecno facts here that support his right to remain living in the mobile home. Do you see what I mean?
Customer: replied 4 months ago.
I do see what you mean, not a good outcome for him. Pretty much what I thought, I was Hoping I could help him. Thanks for information.
Expert:  Legal Ease replied 4 months ago.

You are very welcome.

If we are done please rate me before you leave the site so that I can receive credit for my work.

I am sorry this is happening to your brother.

Thanks and take good care.