Commack, NY asked in Estate Planning and Elder Law for Connecticut

Q: Elderly, disabled mom taken advantage of financially by my brother.

This has been going on for at least 7 years, the biggest issue is him asking for “help” buying a house because he had/has terrible credit, no money and knew he couldn’t get a mortgage. So, the home is in her name only, she withdrew $50-60k from her IRA to cover the down pymt, closing,etc.and has been paying the mortgage with her SS and pension. She has also accrued $35000 in CC debt one of the highest is the one having him as an authorized user. I allowed the withdrawal from her IRA to pay those off, not realizing that a huge chunk was his. She now realizes she needs to go to AL and my brother refuses to sell the house for her care (still no job)….i asked him to move to her paid off house and sell the mortgaged one so he could get back on his feet and she could use her money for AL care. Does he need to be evicted legally? If so, How long would it take? She is afraid to hurt or make him angry. She can’t even talk about it.

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1 Lawyer Answer
Nina Whitehurst
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  • Estate Planning Lawyer
  • Crossville, TN

A: If the house is in your mother's name, like you wrote, she does not need your brother's signature or permission to sell it.

You also report this abuse to the local Adult Protective Services office.

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