Family/retaliatory charges/not paying

Family/retaliatory charges/not paying by M (Wa) on June 6, 2012 @17:04

Messy messy story.
Step son lives on property owned by husband.
Small mortgage on property
Verbal agreement for son to pay mortgage and taxes
Son want to be given property
House on property in substandard condition, for years and years
Son says "he will fix it" and doesn't care about condition because he wants to stay there
Meanwhile Father wishes to sell but doesn't so as to not upset son
Son sporadically pays mortgage and taxes. Owner pays when son does not. Often!
Father gets Alzheimer's
Condition deteriorates
Wife gets power of attorney
Living conditions continue until wife can no longer pay for all the missed payments and taxes
Wife tells son she has to put place up for sale and gets a real estate agent
Son hires attorney and now claims he has been forced to live in housing not up to code.
Attorney writes letter to wife about living conditions.
Son clearly being retaliatory because wife needs to sell

Now what? What a mess!

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Re: Family/retaliatory charges/not paying by Bryan (Ia) on June 6, 2012 @17:34	[ Reply ]

LMAO...nobody is ever forced to live anywhere, except those in jail, prison, or the military. The son had the choice to move but did not do so. Cut and dry.

Re: Family/retaliatory charges/not paying by Micah on June 6, 2012 @18:43	[ Reply ]

He just admitted that the place is not livable condition and so needs to move out.

Re: Family/retaliatory charges/not paying by NY-LL on June 6, 2012 @22:45	[ Reply ]

Son is not a tenant ... Son paid the mortgage and taxes (not the rent). Shared family responsibility which son dishonored. There is no lease (or implied tenancy). Mother should state the substandard property conditions were created during the son's use due to neglect. (Can son prove otherwise?) To remind son of subconscious paternal relationship cc: Father (on all correspondence - USPS Express Mail)

Re: Family/retaliatory charges/not paying by K (GA) on June 7, 2012 @15:51	[ Reply ]

I am so sorry for what you're going through, especially during your husband's illness. My non-lawyer opinion is that the attorney is blowing smoke. If he argues verbal agreement with your husband, it sounds like he has clearly broken that agreement by failing to make payments, which should be easy to prove. As to "forced to live there", no one forced him to do anything. He had basically a free place to live and chose to take it. I have family members who have treated me similarly. One thing I've learned is the only way to win is not to play. Any contact, any attempt to "work with" people who have such profound entitlement issues has always blown up in my face. I would get the son out. If that means evict, then evict. If that means calling the police on a trespasser, that works too. I'm not an eviction expert. Then, with son out, make required repairs, sell house, and get on with life. I would also carefully check to make sure son hasn't taken out any loans against the house or done anything to create liens against the house. Good luck, K