I took care of her for the past 10 years. She passed in June. My son and I have nowhere to go - nowhere. I never paid rent bcause they needed me to care for her 24/7 - she was very disabled. We never had an agreement - I just lived here forever and started taking care of her 10 years ago. He is the administrator of her stuff BUT the house is in probate for lack of a will. He just came over to give me an eviction notice - in the middle of winter - knowing I have NO resources, a child, etc.
I signed it but I told him I wasnt leaving bcuz i had nowhere to go.
Can he do that? legally ?
Do I have to go?
Can a cop come make me leave or does it have to go through a court?
This is Richmond Virginia
2007-12-05 13:12:07 · 8 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
If you took care of your mother for 10 years that means that you sacrificed 10 years of your life that you could have spent working at a job to get some resources.
Instead of doing that you spent that time taking care of your mother while your uncle and other relatives had the opportunity to develop their careers and make money.
I would think that you should be owed compensation from the estate for the ten years of your life that you took to take care of your mother when none of your other realtives would take care of her.
A very low estimate for the cost of your mother's care would be $2,000 per month. In most places it would be actually $4,000 per month or more.
If you had not taken care of your mother she would have had to sell her house to pay for her care and your selfish relatives would have nothing to inherit.
The fact that they have anything at all to inherit is because you sacrificed 10 years of your life to take care of your mother. You could not develop your employment history and skills during that period because taking care of your mother was your full time job.
The way that I see it, you are owed compensation for those 10 years that you worked full time as an unpaid caregiver for your mother.
By my calculations that is, at a minimum, 120 months at $2,000 per month(a very conservative estimate).
I get $240,000 for the compensation that you are owed from your mother's estate for taking care of your mother. That does not even include the interest that you should also be paid on that amount.
That is the minimum amount of money that you should have been paid. Since you were not paid I would day that you should have a claim against your mother's estate in the amount of at least $240,000 plus interest.
I recommend that you show my response to your uncle and your attorney.
If you do not already have an attorney, I recommend that you get one immediately.
I recommend an attorney that has a great deal of experience with both estate law and family law.
2007-12-05 13:36:31 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Yes it does have to go through probate, and no he cannot kic k you out just like that. You said he made you sign an eviction notice. Fine, now, let him take you to court. But have proof that you have lived there and took care of her. Get statements from the Drs, pharmacy, Banks, anybody else that knows you have been the one taking care of her needs.Try finding the people that have known this the longest amount of time you have been there.
You say THEY needed you to take care of her. Was your uncle part of the they? If so, then type up a bill for adult homecare starting from the day you moved in until the day she died. Give him a copy of it, then go to the court and file a copy of it against the probate. Put a lein against the property. They have to pay you to get the lein off to sell the house. In order to do that, they have to pay you first.
2007-12-05 13:28:29 · answer #2 · answered by kimmamarie 5 · 0⤊ 0⤋
Go to a Legal Aid office, and call the landlord-tenant office of your state. I don't believe that he can make you leave before the probate is up. He may be the administrator but if he is not the sole heir he may not have standing. An intestate probate can take a year, so he really doesn't have any standing for now.
2007-12-05 13:17:29 · answer #3 · answered by Anna P 7 · 3⤊ 0⤋
I'm sorry but I'm afraid that he can. Because your grandmother didn't have a will and she didn't leave you the house. That is such a shame. Is there someone else in the family you can talk to about staying with? If not then I would go to a women's shelter or Goodwill about getting help finding a place to live. He will have to go to court to make you leave. If the judgement is in his favor then the sheriff will enforce the eviction.
2007-12-05 13:25:12 · answer #4 · answered by Codys mom 5 · 0⤊ 0⤋
was mail sent to yo at this address? like bills? car payments,etc. in your name? is it dated? get the oldest dated
bills together, the older the better to show that you were a permanent resident in the home, any medical bills,trips to hospitals, clinics need to be shown. what you need to prove that you were the primary caretaker for her for at least 7 years and have lived in that home as a primary source of residence, and it would help that the child went to school in the district that he/she was required to attend.
since there was no will and you have lived in the home for as many years you had said, this low life piece of crap hasn't a leg to stand on. he is just trying to scare you. you will have to get an lawyer to help you out in the long run though to drive a nail into his butt, but you will prevail. but get a lawyer NOW!
2007-12-05 13:46:12 · answer #5 · answered by barrbou214 6 · 0⤊ 0⤋
first of all - merely using fact somebody informed you to bypass - them verbally asserting it would not positioned it in stone- proceed to pay your lease and verify you maintain all receipts. the hot vendors will could stick to by way of with a criminal eviction , in the event that they accomplish that- then you certainly will take transport of often a minimum of 60 days to discover a place (in case you have been paying lease) and upwards of 6 months, in a case like this the courts are expertise which you have resided there for a protracted time- and which you're paying your lease so as that they gained't be rapid to allow for the hot vendors to kick you out, and that reality would not substitute rather you had a lease or no longer. yet another ingredient to contemplate is that merely using fact the daddy exceeded directly to the total beyond- it ought to no longer automaticly provide the vendors rights to the infants- it relies upon on the form of deed or call to the valuables there is - they could could to attend some months or longer earlier they even have the criminal rights to invite you to leave. could be something to look into. And in case you're low on earnings - there is a few help availble for the period of the state- call your close by DSS place of work to confirm. Soemtimes they could aide with an element of lease to be paid by way of the state- or in specific circumstances with a secure practices deposit to be paid, that easily relies upon on your situations and section you reside in - yet its nicely worth finding into, additionally ensure they understand you have served in protection tension using fact there are classes for housing at discounted expenses availble in maximum states to vets. stable success
2016-09-30 23:26:06 · answer #6 · answered by ? 4 · 0⤊ 0⤋
If the house isn't his, then he has no right
2007-12-05 13:22:29 · answer #7 · answered by Bry 2 · 0⤊ 1⤋
hell no !!! SUE HIS *** !!!
2007-12-05 13:26:41 · answer #8 · answered by XoXo Gossip Girl 2 · 0⤊ 1⤋