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Old 10-11-2014, 09:40 AM
 
2 posts, read 5,437 times
Reputation: 10

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(Sorry for the length) I live in WA State. My Mother gifted each child $5000 for a down payment on a home. Because I did not have the credit, 24 years ago she used my $5000 to buy a home for my children and I with the idea that we would make the payments plus extra that would be saved for repairs. In here most recent will she has made it clear that I have been buying the house for xx years and that the title to the house and accompanying bank account are to go to me and that I would be responsible from then forward. There is also hand written note as a $30k lien I hold on the house in the event she sells it. The lien is for an inheritance I was due from my Grandmother’s estate that my mother chose to spend on a laundry room remodel. The lien is only a hand written note but she does mention it in several versions of her will over the years. I have never missed a payment and I have invested time and money into the home and yard over the year with the idea this is my home. I pay for general upkeep, larger repairs come from the repair funds in the bank, and My Mother refers to it as my home to all family members. Here are the two main issues I have, first, she is intrusive she thinks it is her right to come and go as she pleases and make random decorating changes, as major as flooring and as minor as towels (I am never consulted). Second, if I stand up to her for anything, including privacy needs, she threatens eviction, raises the rent, or changes her will in regards to the house (twice). Ten years ago, I signed a rental agreement but do not have a copy, I am not sure if she does. She refuses to sell the house to me and I have let her behavior go on longer than I should have. Recently I told her she had to stop the behavior so she notified me in an email that my "rent" is increasing by 66%. I am wondering, do I have any rights as a tenant, as an interested party since there are multiple letters to relatives, and her will states that I am buying the home, or can she as the property owner just yank it away every time her feelings are hurt? I'm stalling her by insisting she give me proper written notice and a new rental agreement because I dislike the idea of moving after all I have invested here, but after 24 years, I need privacy and security when it comes to my residence. I realize I have issues with my mother, but I am wondering as a tenant, if I should fight, if I have rights, or give up and move away. Thank you for your responses.
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Old 10-11-2014, 10:02 AM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,724,101 times
Reputation: 26728
Best advice is to seek legal counsel as in my opinion this is too complex a matter for forum contributors to address. Good luck!
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Old 10-11-2014, 11:23 AM
 
Location: The Triad
34,092 posts, read 83,000,140 times
Reputation: 43666
Quote:
Originally Posted by kessdarln View Post
My Mother is my landlord, I need advice
Get a new landlord or get a new mother.

Quote:
My Mother gifted each child $5000 for a down payment on a home.

Because I did not have the credit, 24 years ago
she used my $5000 to buy a home for my children and I with the idea that...
How much of this "with the idea that" stuff is written into a contract?

Quote:
There is also hand written note as a $30k lien I hold...
Better call Saul
http://www.youtube.com/watch?v=YPR9ORpwBEU

Last edited by MrRational; 10-11-2014 at 11:32 AM..
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Old 10-11-2014, 12:20 PM
 
Location: NYC
16,062 posts, read 26,754,968 times
Reputation: 24848
Wow, what an awful position to be in. I agree with STT you definitely need legal council.
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Old 10-11-2014, 12:27 PM
 
Location: 89052 & 75206
8,153 posts, read 8,357,075 times
Reputation: 20086
how old is Mom? Have you discussed this issue with your siblings? Who is the executor of her will? Many people weird out as they age and some forms of dementia impact perceptions and cause odd actions. We had some terrible experiences with our mothers and upon her death we siblings shared the love and respect for eachother to "do the right thing" regardless of Mom's craziness. We had discussed all this and it worked out....
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Old 10-11-2014, 12:46 PM
 
12,108 posts, read 23,289,909 times
Reputation: 27246
Is your mother still of sound mind?

You need a good atty and a copy of all of the old documentation you have, especially anything that states you own part of the house. Tenant laws vary by state. As a general rule, landlords can't waltz into your home just because they feel like it; they must give X amount of notice or it must be a real emergency, but try keeping your mother out of the house. Sure, we know that's not gonna happen. An atty who deals in these matters should be familiar with the law. In addition, someone in you city or county governnment should be able to guide you as well.
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Old 10-11-2014, 01:02 PM
 
2 posts, read 5,437 times
Reputation: 10
Thanks everyone for the advice, I will contact a lawyer. BTW, She is 83, longevity runs in the family for women, she is mostly of sound mind with some memory lapses, not enough to get her committed, and as of now, I am her personal representative and executor, my siblings have all moved away and have no advice as they know how vindictive she can be if anyone back talks. I'd like to save the relationship but self preservation tells me it's time to move on.
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Old 10-11-2014, 03:11 PM
 
Location: Mostly in my head
19,855 posts, read 65,846,929 times
Reputation: 19380
Don't mess with her, suck it up since you are her executor. If she changes that, you could be really screwed by the new one. Unless you get it in writing from all your siblings/heirs, you need to keep her content. You did it for 24 yrs, keep it up.
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