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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 18123
Experience:  B.A.; M.B.A.; J.D.
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I have lived and took care of my mom since July 2003. She had

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I have lived and took care of my mom since July 2003. She had a stroke in Dec. 19, 2014 and is rehab. She knows the family but her right side is paralyzed. My brother her hardly ever came around and he is the exector of the will and I am am on permenent disability and my son who lives with me is special needs. He type a 60 day in Feb 2015 letter to quit we went to court and the judge was on my side but he sent me another 60 day letter to quit. My mom has a reverse mortgage which is owed more then the house is worth. I received a letter last week from the reverse mortgage asking who has been living in the house from Jan 2014 through now. With my mother still alive can my brother kick me out of this home until medicaid or the reverse mortgage makes their move ? I ask my mom on my I phone and she does not want me to move also my brother and I went to court and he lost but sent me another 60 day letter to quit. Can he remove me while my mom is alive ?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Phillips Esq. replied 1 year ago.
Hello: This isCustomer I am a licensed Attorney and I will be assisting you today.
I have lived and took care of my mom since July 2003. She had a stroke in Dec. 19, 2014 and is rehab. She knows the family but her right side is paralyzed. My brother her hardly ever came around and he is the exector of the will and I am am on permenent disability and my son who lives with me is special needs. He type a 60 day in Feb 2015 letter to quit we went to court and the judge was on my side but he sent me another 60 day letter to quit. My mom has a reverse mortgage which is owed more then the house is worth. I received a letter last week from the reverse mortgage asking who has been living in the house from Jan 2014 through now. With my mother still alive can my brother kick me out of this home until medicaid or the reverse mortgage makes their move ? I ask my mom on my I phone and she does not want me to move also my brother and I went to court and he lost but sent me another 60 day letter to quit. Can he remove me while my mom is alive ?
Response: If your mother is still competent and does not want you to move out, your brother CANNOT force you to move out even if he has Durable Power of Attorney to act on behalf of your mother. Your mother's decision if she is competent to make decisions for herself ultimately controls. Also, if your brother is only an Executor of the Will, your brother does not have the legal authority to act on behalf of your mother. An Executor of the Will acts on behalf of the estate of the deceased. The Will does not come into play until your mother has passed. Furthermore, even at your mother's passing, your brother's nomination in the Will as the Executor of the Estate must be approved by the Court before he can act on behalf of the estate—he must be appointed as the Executor of the Estate by the Court before he can act on behalf of the estate. Anyone including you can challenge this nomination once he Petitions the Court to be appointed the Executor of the Estate AFTER the passing of your mother.

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