anon101
02-12-2007, 01:34 PM
hello there.
thanks in advance for your time and input.
my mother recently passed away and i inherited
her house after the estate was settled. due
to really sad and unfortunate circumstances I have
been on bad terms with my brother. it is a long story
but my brother spent approx $400,000 of my mothers
money (about 80% of her total net worth). also, he
was living with her for the last 9 years due to his
refusal to work.
while my mother was alive and clear minded she agreed
to set up a trust (that my brother had designed w/an
attorney). My brother was the trustee of the estate.
during this 9 year period that he had control he chose
to purchase a mail boxes etc. franschise... talk about
innapropriate investments for a 80 year old woman...
well, the business failed and my mother lost several
hundred thousand dollars. my brother lived with her
this entire time, brainwashed her, isolated her from
her family and grandkids, and possible tampered with
her medication. during her last 2 years alive she was
institutionalized twice for nervous breakdowns.
we tried to break up the trust many times but we
couldn't. finally the local courts granted me full
medical guardianship but did not remove him as
trustee of the trust. so he still had full financial
control of the estate.
during the last months of her life she had to move
from her condo into assisted living. my brother fought
this since he would not have a place to live. also, she
had long term care insurance that would pay for her to
live in a home but since it did not benefit him he wanted
her to stay at home.
we eventually got her moved into
a home and during the time span my brother took her
to the bank and had her co-sign on a $65,000 second
mortgage on her condo. this mortgage was taken out
solely to benefit my brother. also, my mother had been
declared legally incompetent by the local county court
in the recent months prior (when i was ordered to be
her health care power of attorney) yet my brother
still had her co-sign on a mortgage. additionally, my
brother handled my mothers banking at this local bank
branch, was on a first name basis with the tellers and
managers, and actually had to change the checking account
in the months prior because my mother was acting erratic
and writing checks to enter into sweepstakes, buying
lottery tickets, etc. so, the same bank that knew my
mother was incompetent was all to happy to have her
sign off on a brand new second mortgage???
my mothers condo
had been paid off in full in 10 years. she fully paid off a
30 year mortgage in 10 years and then in the months
before she died he had her take out a second mortgage
so he could live for free and get more money...
after she died the local courts granted me the remaining
assets in the trust as well as the my mothers condo.
so, here are my two questions.
1) how can i get my brother to leave the condo. Im now
the legal owner of the condo. I have the Deed/title to
the house and its 100% in my name. my brother has
lived there for 9 years, never paid rent, refuses to sign
a lease that was offered to him (send via certified mail).
he just stays there. how can i get him to leave??
2) I just last week got clean title of the house. Also, the
second mortgage responsibility is now mine also. is there
any way to fight the bank on this second mortgage?
I dont feel they should have allowed my mother to
sign off on the mortgage.
THANKS SO MUCH FOR LISTENING!!!
thanks in advance for your time and input.
my mother recently passed away and i inherited
her house after the estate was settled. due
to really sad and unfortunate circumstances I have
been on bad terms with my brother. it is a long story
but my brother spent approx $400,000 of my mothers
money (about 80% of her total net worth). also, he
was living with her for the last 9 years due to his
refusal to work.
while my mother was alive and clear minded she agreed
to set up a trust (that my brother had designed w/an
attorney). My brother was the trustee of the estate.
during this 9 year period that he had control he chose
to purchase a mail boxes etc. franschise... talk about
innapropriate investments for a 80 year old woman...
well, the business failed and my mother lost several
hundred thousand dollars. my brother lived with her
this entire time, brainwashed her, isolated her from
her family and grandkids, and possible tampered with
her medication. during her last 2 years alive she was
institutionalized twice for nervous breakdowns.
we tried to break up the trust many times but we
couldn't. finally the local courts granted me full
medical guardianship but did not remove him as
trustee of the trust. so he still had full financial
control of the estate.
during the last months of her life she had to move
from her condo into assisted living. my brother fought
this since he would not have a place to live. also, she
had long term care insurance that would pay for her to
live in a home but since it did not benefit him he wanted
her to stay at home.
we eventually got her moved into
a home and during the time span my brother took her
to the bank and had her co-sign on a $65,000 second
mortgage on her condo. this mortgage was taken out
solely to benefit my brother. also, my mother had been
declared legally incompetent by the local county court
in the recent months prior (when i was ordered to be
her health care power of attorney) yet my brother
still had her co-sign on a mortgage. additionally, my
brother handled my mothers banking at this local bank
branch, was on a first name basis with the tellers and
managers, and actually had to change the checking account
in the months prior because my mother was acting erratic
and writing checks to enter into sweepstakes, buying
lottery tickets, etc. so, the same bank that knew my
mother was incompetent was all to happy to have her
sign off on a brand new second mortgage???
my mothers condo
had been paid off in full in 10 years. she fully paid off a
30 year mortgage in 10 years and then in the months
before she died he had her take out a second mortgage
so he could live for free and get more money...
after she died the local courts granted me the remaining
assets in the trust as well as the my mothers condo.
so, here are my two questions.
1) how can i get my brother to leave the condo. Im now
the legal owner of the condo. I have the Deed/title to
the house and its 100% in my name. my brother has
lived there for 9 years, never paid rent, refuses to sign
a lease that was offered to him (send via certified mail).
he just stays there. how can i get him to leave??
2) I just last week got clean title of the house. Also, the
second mortgage responsibility is now mine also. is there
any way to fight the bank on this second mortgage?
I dont feel they should have allowed my mother to
sign off on the mortgage.
THANKS SO MUCH FOR LISTENING!!!
