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Can a life long residency be revoked due to drug abuse mental

 

Customer Question

Can a life long residency be revoked due to drug abuse mental illness and chronic intoxication of rx medications?

 

Optional Information:
State/Country relating to question: New Jersey

Already Tried:
calling police department senior services and still making calls lawyer is next

Submitted: 278 days and 22 hours ago.
Category: Estate Law
Value: $30
Status: CLOSED

Accepted Answer

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Expert:  Attorney2 replied 278 days and 18 hours ago.


Attorney2 :

Hello I am going to try to help you with your concerns. For clarification purposes can you tell me what type of living situation are you referring too as a life long residency?

Customer :
Customer :

my mother in law lives with us shes on the deed as life long resident but she has a drug addiction my husband has terminal cancer and its a very stressful inviroment for him and myself i also have a 1 yr. old granddaughter here and she over doses on her meds plus shes swapping and getting from people on the street she also falls down sometimes leaves the stove on falls asleep sitting up talking to you are why shes eating im stressed i need help my husband is not well and im trying to find a way to not have to be stuck with his mom in the same house shes also abusive mentally and verbally when she dont have her pills and she harrasses us to get them for her

Attorney2 :

When you say she is on the deed you mean she is part owner of your home?

Customer :
Customer :

she retains life estate for natural born life

Customer :

she owned the home at one time the home was transferred to her son now my husband and i myself and he are on the deed of the house he has power of attorney over her but she was listed as a life long resident

Attorney2 :

Ok I got the full picture and I understand your concerns.

Attorney2 :

Those are very difficult tenancies to break. The better option might be trying to get her into mental health care facility for treatment.

Customer :

would i be responsible to pay for that ? does that come out of the house beings she has estate , what im trying to say is would they take my home?

Customer :

shes done treatment before but she comes right out and does it again and again ive known her since i was 18 and shes been doing drugs for thirty years that ive known her she doctor shops she pharmacy shops its very sad situation and i just want to protect myself from her if my husband passes

Attorney2 :

She only has a right to live in the home she has no ability to sell and they have no ability to touch the house.

Customer :

thank you so much for your help, i feel a bit safer thank you for your time

Attorney2 :

You are welcome. If you have any additional questions please feel free to ask them before you close the question.

Customer :

I just would like to make sure that she cannot have me removed

Customer :
Attorney2 :

Have you removed for what reason?

Customer :

she has been attacking me everyday that this is still her house and that she has rights

Attorney2 :

Get her some mental help

Attorney2 :

On what grounds could she have you removed

Customer :

she would have no grounds im a good individual but in her mind and the things that she takes these are the things she says she harasses me everyday her son is very very ill im doing everything humanly possible to save his life and this is what i deal with everyday she is non stop with her cruel remarks and intentions i have honestly done everything in my power to help her ive also saved her life on one occasion because she was experimenting with different pills to get high but she continually attacks me all the time...she sees a psychiatrist and from my understanding the psychiatrist has told her you dont want to get better you just want to take pills and its not the first medical or licensed person that has told her she harasses pharmiscists doctors offices and all ...ive had the police here and they wont really help either ive called county services too

Customer :

she has also been kept in the psych ward at the hospital twice its endless to what goes on thats why im reaching out to make sure that im secure

Attorney2 :

She has a right to be in the property but you have a right to contact the police and have her placed on a psych hold. If it is that dangerous you need to get out of the environment.

Attorney2 :

Your ownership interest is secure.

Attorney2 :

are you online with me?\

Customer :

yes i am

Attorney2 :

Which county are in?

Customer :

im so happy to speak with you i did talk to my attorney but i wanted to get a second opinion

Customer :

im in usa, new jersey

Attorney2 :

What county in New Jersey

Attorney2 :

If you do not know what city do you live in?

Customer :

atlantic county , im sorry i read it wrong

Customer :

galloway township close to atlantic city

Attorney2 :

No problem let me get some info for you. Out of curiosity what does your attorney have to say about all of this?

Attorney2 :

Are you there?

Customer :

when i first contacted you i had asked her the same thing my husband was seeking to find out if he could revoke her life estate he had no idea she was stuck to the property if anything had happened to him he wanted me to be secure because of her problems but she said the same thing im stuck with her

Attorney2 :

I have an idea

Attorney2 :

contact APS adult protective service and see if they find her in need of having the state appoint a guardian for her and place her in rehab http://www.aclink.org/intergenerational/mainpages/aps.asp

Customer :

wow thats great thank you i will do that

Attorney2 :

Otherwise I am worried about your safety this is a dangerous situation. You will lose no rights in your property.

Attorney2 :

I hope you will accept my answer as being helpful to you. If you need me again you can request me.

Customer :

im happy to know i wont lose the property but i am worried when i go back to work or if anything happens to him i work for atlantic county special services school and id have to worry about my home

Attorney2 :

I understand

Customer :

i will request you , im so glad someone took the time

Attorney2 :

My pleasure. I was wondering what happened with you. Glad you contacted me to follow up

Customer :

just been alot of chaos past couple of days , i had the police here 2 days ago for her my brother in law called them on her because of her harassment all the time and between talking with you and cancer doctors ive been delayed to keep in touch on a constant basis

Attorney2 :

If you were happy with my service please rate me accordingly. Thank you and good night.

Customer :

yes thank you excellent service. your welcome good night

Customer :

Expert TypeAttorney
Category: Estate Law
Pos. Feedback: 96.8 %
Accepts: 437
Answered: 7/6/2012

Experience: 25 Years in General Practice and Estate Planning

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