Burke, VA asked in Real Estate Law, Civil Litigation, Elder Law and Libel & Slander for Virginia

Q: After living & caring for mom in her home for 11yrs,mom's moved to care facility.Sis,sole trustee,wants me (age 71) out

Sis said in writing I could stay till Apr 1. Feb 28 got 30 Day Notice to Quit that said I was staying without permission. Clearly a lie. Any consequences for her lying to obtain notice? On Feb 1, Sis said I would be responsible for a number of bills as of that date including utilities. She didn't have meters read as of that date. Sent me a bill that covered 2 weeks in Jan, 2 weeks in Feb. for gas. Even if I weren't here, the house would have to have minimum temp maintained. Am I responsible for entire bill? Should I just pay it? Knew this day coming. To avoid this,had been looking for awhile for a one level home to buy for my mom and me to live in but hadn't found anything. Have switched to looking for just me. Have not yet succeeded in buying a new home but still hope to be out of mom's house by Apr 1.(New deadline now 27 Mar?) Sis seems intent on getting me involved in legal proceedings of some kind. Sis has created many documents with lies about me. What to do to protect myself?

1 Lawyer Answer
Richard Sternberg
Richard Sternberg
  • Estate Planning Lawyer
  • Potomac, MD
  • Licensed in Virginia

A: I don't think there is much of anything a lawyer can do without getting involved in the situation and learning the personalities and the history. There are plainly things you can do, but many of them involve putting up a defense. At 71 and living with your mother, you may not have the resources to do that. I suggest getting a consult with a lawyer. If you cannot afford that, some county bars have pro bono and low bono panels. Call the county bar where you live or look for a Community Legal Services in your area.

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