My brother is a severe alcoholic. He took my mother to court to get conservatorship and guardianship over her. He lost his case and it was dismissed with prejudice. She is trying to get him to communicate and work my other brother who he is in business with. He is refusing. He has never paid rent, utilities, taxes or insurance.
She will be contacting the attorney who represented her in the guardianship conservatorship case.
Mom, you and your brother should all consider attending AlAnon. It really helped me.
If not, she files the paperwork for eviction and follows the protocol. WHen the 30 days are up and if he refuses to leave then she is then able to call the cops to escort him off the property. If he leaves anything she needs to follow the state rules about his property so she doesn't get into trouble. If he harasses her, she needs to get a restraining order. She needs to change the locks on everything and maybe install cameras.
This is the cost of being a drunk.
Then, put a credit freeze on her accounts with ALL 3 agencies.
Brother has enough information to commit identity theft and open credit in their names, unknown to Mom.
The last person who did not take this step ended up with a credit card bill for $20,000, and had to pay it.
Legal Realities of Eviction
Tenant Rights: If an adult child has lived in the home for a sustained period—even without a formal lease or rent payments—they may legally be considered a tenant or hold licensee status under state law. [1, 2]
Notice to Vacate: Parents typically must provide a written legal notice (such as a 30-day or 60-day notice depending on local state laws) before taking further action. [1, 2]
Formal Eviction: If the adult child refuses to leave after the notice period ends, parents must file an unlawful detainer or formal eviction lawsuit through the local court system rather than forcing them out manually. [1, 2, 3]
Safety Emergencies: If the individual poses an immediate physical danger, acts violently, or inflicts domestic abuse, parents can contact law enforcement or pursue emergency protective orders or restraining orders.
Call APS to do a welfare check on Mom.
Does your mother have a will? If not, you and your sibling(s) may end up in a fight with this brother over the farm. I know that intestate law would divide everything equally among you, but since he has shown that he is willing to go to court, a judge might be sympathetic to his claim of having lived there so long.
Does anyone have her POA?
Is there a possibility that she would need to sell the house or some land to pay for her care? I suggest monitoring the property records in case he tries to somehow transfer things into his own name. Likewise, monitor her financial accounts since, living with her, he may have access to them.
Your mother will have to go through the process of having her son evicted from what I'm guessing is actually her home, and then make sure she follows through with getting him out with the help of the sheriffs office if needed.
And while she's talking to an attorney, I hope she will designate who she wants to be her POA's if she hasn't done that already and make sure that her Will is done or updated if need be.