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Old 08-18-2014, 07:15 AM   #1 (permalink)
Junior Member
Join Date: Aug 2014
Posts: 2
trust or contract?

Long story short. My brothers are not present in my mother's life. neither are her grandchildren. I started taking care of my mother last year. Couple of months ago, I finally removed all persons living in my mother's house and moved her back in the house. These people lived in my mother's house and did not help pay bills or do anything around the house. My mother was 70 yrs old and working to support 4 adults(her not included) and 1 child. Yes, I put an end to all this madness. As part of the agreement to move her back in her house, my mother promised that none of these people will ever live in her house again. She is no longer physically able to work and is on a very limited income. I promised to fix the house and make all necessary repairs. I also pay all the utility bills and have promised to pay back the reverse mortgage. In return, I want an agreement or contract written that sells me the house if I pay the reverse mortgage and make repairs. I want the agreement to supercede any will leaving the house to anybody else. As a result of my actions, my brothers and 1 child have expressed wishes to not have anything to do with us. My mother has no idea where they are, but yes, I do. I want something ironclad, so they can not come back later and claim anything.
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Old 08-18-2014, 09:02 AM   #2 (permalink)
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Join Date: Oct 2012
Posts: 326
If it is your mother's house then she has the final say so regardless of what you want or think is best.

If you get her to sign a contract etc, it may be possible that your family will come back and say you unduly influenced her or put her under duress even if not true they can allege it.

You can put in the defense of unjust enrichment for the time you put in, but a judge may not go for it.

I understand what you are trying to achieve, but it really is up to your mother what she thinks is best, unless she is unable to care for herself and if that is the case you may want to appoint a conservator explained here, http://www.legalmatch.com/law-librar...nservator.html . This could allow a neutral party to take care of the issues, and that way you are not on the hook for what you think is best, which a judge down the road may or may not agree with.
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