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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116753
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My mom is the legal provider and caregiver of both her

Customer Question

my mom is the legal provider and caregiver of both her parents and resides in their home. It is her childhood home and we have all lived there. She has contributed to half of the housing maintenance and costs, as well as, remodeled the home to $86,000 in 1990. Since this time she also purchased clothing and vehicles for her parents. Now, they are disabled and my mom works full - time as their caregiver. in 2012 her brother moved home from Oregon under the pretence of helping with them. He was supposed to stay for only a year. Now, he lives in a garage apt of which the family remodeled, does not work, does not pay rent, and only recently started helping with their care while simaltaneously questioning wills, insurance, and finances.
JA: Do you share ownership of the property? If so, is it as tenants in common, or as joint tenants?
Customer: There is a lady bird deed and the house rolls over to my moms name upon the death of my grandparents or the need for a nursing home.
JA: Because laws vary based on location, what state are you in?
Customer: Texas
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not at this time
Submitted: 8 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If the house is still in the parent's names are ***** ***** willing to evict the brother or does your mom have a written power of attorney to deal with the property?
What is your question for us about this?
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Customer: replied 8 months ago.
My mom is the legal power of attorney.
He is taking advantage of all of them and my grandparents are not mentally strong enough to proceed on their own.Does my mom have any ground to stand on in moving forward with an eviction and how she proceed in protecting herself and them from further financial damage and her future by way of insurances and will.
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your reply.
If your mom has power of attorney that specifically says she has power over real estate, she can and should give him a 30 day notice to leave and if he refuses to leave then she needs to go file suit in court to have him evicted. If he is causing harm to the parents directly, then your mom could also report him to adult protective services, but if it is just that he is sponging off of the parents, then evicting him is what your mom needs to do.
Customer: replied 8 months ago.
Final question,If there is a verbal agreement only and nothing in writing where he was to pay $400 per month in rent and has not done so since May of 2015, is there any grounds for seeking this rent money?
Expert:  Law Educator, Esq. replied 8 months ago.

Thank you for your reply.

Yes, if there is a verbal agreement to pay rent, that is an enforceable lease and you can actually give him 3 days notice to pay the rent due, including all back rent, and if not you can proceed to court to evict him. Oral leases are enforceable just as written leases are though.