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#1 wiley_123

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Posted 29 December 2012 - 01:22 PM

I share, (both of us named) title on property in Michigan with my Mother. Currently, there are a few of my siblings living with her. What rights do I have,(if any?),over the people living at this property? Thanks in advance!

#2 adjusterjack

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Posted 29 December 2012 - 01:56 PM

I share, (both of us named) title on property in Michigan with my Mother. Currently, there are a few of my siblings living with her. What rights do I have,(if any?),over the people living at this property? Thanks in advance!


What rights do you want?

And why do you want them?

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#3 wiley_123

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Posted 29 December 2012 - 04:26 PM

1 ) If there is any inpropriety in making sure my Mother has her financial obligations provided for, I'd like to be assured she/we have recourse if they are not being met. This would fall under a 'Power of Attorney' issue which is a different matter.

2) I'd like to have some voice if there are any substandard living conditions. (i.e. general maintenance of property).

Why do I want them?, She is my Mother, wouldn't you????

#4 adjusterjack

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Posted 29 December 2012 - 04:54 PM

1 ) If there is any inpropriety in making sure my Mother has her financial obligations provided for, I'd like to be assured she/we have recourse if they are not being met.


The best way to do that is visit your mother and your siblings frequently and get involved in her finances and her care. Talk to them, ask questions, participate.

2) I'd like to have some voice if there are any substandard living conditions. (i.e. general maintenance of property).


You already have a voice regarding living conditions and maintenance. You are part owner. Go there. If you see something that needs fixing, fix it.

Why do I want them?, She is my Mother, wouldn't you????


Of course.

But that wasn't the answer I was looking for.

Are there things going on at your mother's house that concern you? Are your siblings abusing her? Are they freeloading? Are they spending her money on themselves? Do you live far away? That's the kind of answers I was looking for.

If you can explain what's going on I might make some helpful comments.

While my mother was alive I lived 2500 miles away and had to rely on my siblings to take care of things for her. Fortunately, all went well. But I can understand that sometimes it doesn't go well with some families.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#5 pg1067

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Posted 29 December 2012 - 08:13 PM

What rights do I have,(if any?),over the people living at this property?


None.


If there is any inpropriety in making sure my Mother has her financial obligations provided for, I'd like to be assured she/we have recourse if they are not being met.


Huh?


I'd like to have some voice if there are any substandard living conditions. (i.e. general maintenance of property).


It's your property (you said you're on title, right?); you're free to engage in maintenance as you see fit.


"adjusterjack's" questions struck me as rather odd, so maybe they got this thread off track. If I haven't answered your questions, you should clarify your concerns.

#6 wiley_123

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Posted 30 December 2012 - 01:49 AM

Sorry if I'm being vague, perhaps this will help:
The property is in need of repair, I do not control my Mother's finances, the person who does can't or won't, (make repairs). I need to be able to leverage my position on title to force the issue. If you say I have no rights over the people who live there, then it's moot. Thanks for your replies.

#7 adjusterjack

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Posted 30 December 2012 - 09:19 AM

Sorry if I'm being vague, perhaps this will help:
The property is in need of repair, I do not control my Mother's finances, the person who does can't or won't, (make repairs). I need to be able to leverage my position on title to force the issue. If you say I have no rights over the people who live there, then it's moot. Thanks for your replies.


You have the right to repair and maintain property that you own.

It just isn't likely that you'll be able to force anybody else to pay for it, if that's what you were asking.

If your mother isn't physically or mentally capable of handling her finances or affairs, you have the option of seeking conservatorship through the courts.

Getting conservatorship will enable to take control over her finances and living arrangements and you'll be able to get the siblings out (if that's what you want). Just understand that you'll become her caregiver 24/7.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#8 wiley_123

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Posted 30 December 2012 - 02:04 PM

Thanks for your advice

#9 Tax_Counsel

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Posted 01 January 2013 - 10:49 AM

I share, (both of us named) title on property in Michigan with my Mother. Currently, there are a few of my siblings living with her. What rights do I have,(if any?),over the people living at this property? Thanks in advance!


Nobody fo far has really explained the property rights you have. The answer is that each co-owner of the property has the right to use and possession of the property, including the right to invite whomever they wish on to the property. Thus, you and your mother both have the right to invite guests on to the property, to lease use of the property to others, etc. Each of you also has the right to make improvements to the property. This all assumes there is no contract between you and your mother that specifies something different. You each share obligations with respect to the property, like the payment of real estate taxes, too.

Thus, your mother has the right to have your other siblings living with her as an owner of the property. As a result, you cannot kick them off the property, just as your mother could not kick you or anyone you permitted off the property either. This is presumably why pg1067 said you had no rights over the persons living there.

You may, however, make any repairs you wish to the make to the property and you don't need your mother's permission to do it. You likely cannot force her to pay for that, however, so those costs would be yours to bear.

As noted, if your mother is incompetent to manage her own affairs, you could seek convervatorship over your mother. You would then control her finances, including managing her interest in the property. You'd then have the right, if you and your mother are the only owners, to kick out the other siblings. Note that as her conservator you would have the fiduciary duty to manage her share in the property in her best interest.

Generally speaking, conservatorship grants you control over her property and financial affairs, it does not give you control of her person, i.e. ability to make decisions concering her care and well being. Thus I disagree with the Jack that a conversatorship would make you “her caregiver 24/7.” In order to make decisions about her care, you'd need to be appointed her guardian. Typically you would seek both conservatorship and guardianship in the same proceeding if you want both roles. Consult a family law attorney in your mother's state for advice on this, it is not a good do it yourself legal project.

#10 Guest_FindLaw_Amir_*

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Posted 02 January 2013 - 12:26 PM

This is a matter you may wish to consult with a local Lawyer to advise you of your rights regarding this subject matter.




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