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Ask Ely Your Own Question
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 101063
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My mother is 93 yrs and my sister has moved into my mother's

Customer Question

my mother is 93 yrs and my sister has moved into my mother's house. mom complains to me how unfriendly sis behaves toward her. and i have seen this myself. what can be done in this situation ? mom seems unable to tell her to get out.
Submitted: 1 year ago.
Category: Family Law
Expert:  P. Simmons replied 1 year ago.
My name is***** have over 16 years experience in the law. Should you like to chat on the phone I am happy to for a nominal cost. Let me know at any time during our question and answer session if you are interested I am happy to give you more details.I am sorry for this dilemma. But I do not understand your question. Are you asking if mom can evict your sister from the home?
Customer: replied 1 year ago.
maybe i need a therapist or a psychological counselor more than a lawyer. but mom seems to be playing "both ends against the middle." she tells ME how much she dislikes living with sis. but when i'm not around to listen to her complaints...she seems to get along with her well enuf. but from past experience i KNOW how aggressive and hard headed my sister can be. to me it looks like she moved in with mom to be in an advantageous position (vis-a vis house ownership) when (and if) the old lady dies. but mom is in reasonable health. and she may be around for quite a few more years...if nothing goes wrong. i'm really looking for advice on my options as eldest son. mom does have a will. but sis being there gives me the creeps. comments ?
Expert:  P. Simmons replied 1 year ago.
thank youI understand how family dynamics can sometimes be corrosive, particularly when it comes to caring for (or perhaps even exploiting) elderly parents.I can certainly give you insight into the legal process if you like. And if it would help we can chat on the phone.Or, if you want a relationship counselor I can forward this question on to that categoryLet me knowPhil
Customer: replied 1 year ago.
have i given u enuf detail for a legal opinion...yet ? if not...let me know. so far u have answered only in generalities. if we can't go beyond that point (generalities) here and now... then maybe you're not the attorney for me. i very much dislike cat-n-mouse games.
Expert:  P. Simmons replied 1 year ago.
Sorry...I have not provided any answer...I am simply trying to gather information. Not sure what you are referring to by "cat and mouse". If you can clarify I may be able to address that. I was looking for information from you.Are you asking the process for mom to evict the child from the home?
Customer: replied 1 year ago.
as i said...mom seems to playing a game to pit me against sis (or sis against me). THEREFORE it would NOT be logical to assume she would initiate any kind of eviction proceedings against her daughter at this time. but from past experience i can tell u sis has had physical confrontations (over 20 years ago) with my dad, mom, and myself. so it would come as no great surprise if mom winds up pushing (or provoking) sis to the point where history might repeat itself. do u understand ? the situation is like a tinderbox...just waiting for the right spark to ignite it.
Expert:  P. Simmons replied 1 year ago.
Thank youCan you tell me, is mom "competent"? Able to understand the nature of the events happening around her?
Customer: replied 1 year ago.
in my opinion mom is extremely competent and intelligent. as i mentioned before her health overall (and that includes mental) is good. so she really can fend for herself quite well. her real problem is loneliness, an aching back, and disappointment in her two children. (she has a third child, a daughter in another state.)
Expert:  P. Simmons replied 1 year ago.
ThanksI do not see a legal solution for your problem. I will opt out and allow other experts to weigh in if they choose. I wish you the best of luck
Expert:  Ely replied 1 year ago.
Hello! Your previous expert has opted out and I have opted in. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) the site allows experts not participate in phone calls and I may or may not be able to participate in this feature. She (the sister) is what is known as a tenant at will. A tenant at will is someone who has no right to occupy the premises, but is tolerated by the owner and may be terminated at the will of the owner. A tenant at will has few rights, but one of these rights is to be evicted. So in other words, one cannot simply physically kick her out of the home. She must be evicted like a tenant who has not paid rent. If after the quick eviction hearing she still does not leave, then, one can get a Writ and have the authorities forcibly relocate her. However, many tenants at will simply LEAVE once they are given notice that they will be evicted if they do not, since they have really no defense to an eviction. So here, your mother may:1) Give her notice to leave and if she does not;2) Evict her as though she would a tenant; and3) Have the authorities remove her by force if she still does not leave; and4) Change the locks. Again, the majority of tenants at will shall leave upon notice, or shortly after an eviction is filed.The notice may be 3 days, but it can be more. It may be good to have your mother use an attorney for this process to make sure everything is done properly.I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.