Do I have grounds to take my mom to court?

I’ve been living at my Grandma’s since I was a teen. I was the one who took care of my Grandma daily. I was the only one who was actually here for my Grandma. When she passed away, there was no will, so everything went to my aunt & mother. Well, my boyfriend and I have been staying here at my Grandma’s and paying the bills. It’s been ten months since she passed away & just last week, my mother comes to tell me that I’m going to have roommates. Mind you, I DON’T know these people. I got upset about it because she didn’t talk to me about it. They move in and start drama with my boyfriend & my mother doesn’t like him, so she told them that he wasn’t allowed here and that if he came to call the cops. Well, I disagree with what she told them to do because he’s the one that’s been paying the bills, we got into a huge argument, and she sent my brother to serve me a 30-day notice to get out. My two daughters, boyfriend & I don’t have anywhere to go! While my other brother and I were going through my Grandma’s things, we found a letter stating what my Grandma wanted for everyone and it was signed and dated. My brother showed it to my aunt and she ripped it up! Could we take them to court for it?

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If it wasn’t notarized it probably wouldn’t stand up in court.

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Wanted for everyone ? Or you get everything?

Also take them to court. Don’t ever bother with your mom again after that. You are just as eligible for that money as your mom and aunt

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talk to lawyer not Facebook and better move on it. you have rights since you lived and cared for her

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Just do a free consult from an attorney…chances are if it wasnt a legal document it might not matter

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You can also legally refuse an eviction notice it needs to be inwritting and they have to take you to court to evict you for it

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I would speak to a lawyer first and then go from there.

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Speak to a laywer. Also let your new roommates know that they need to change the bills into their name now they’ll be paying them all. That’ll kick up a stink as they obviously didn’t plan to have extra bills

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The only you would have a chase in court is if the note was notarized if it wasnt then If I was you I wouldnt bother…

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I’m not a lawyer and this is not legal advice so I’d def advise to do a consult with a real lawyer in your area. But I have watched enough judge judy to think that the letter you’re talking about probably wouldn’t be considered an actual legal document unless it was notorized. Or even had witnesses at the least maybe. Sadly it’s your word against theirs, and without actual acceptable proof it won’t change anything

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Definitely cut off power, water, etc. if you do move. Those deposits alone can hurt for them. But yes, look into a consult with a lawyer. Also, if you have the torn letter and other items with her handwriting that will definitely help.

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Till you have a court date I wouldn’t worry about moving . If your mail is delivered there for more then 30 days they can’t just kick you guys out and that goes for your boyfriend too. Your new roomies can call the cops all they want but he lives there . Also just to be petty if there is no written agreement I wouldn’t let them use anything that you bought for that house. Lock everything up till you speak with a lawyer and get a court date

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It won’t stand in court. If she’s gonna be homeless if evicted, there’s no money for an attorney. They likely won’t touch this with a 10 ft pole. If grandma wanted her to have it, she would’ve signed it over prior or solidified it in a real untouchable will. However, you can probably buy alot of time on an eviction. Best wishes

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So even with the letter stating what she wants, if there was not 2 witnesses that signed and are still living, it wont matter. My mom just passed away and her will means nothing. It was notarized but wills no longer need notarized. They need 2 witnesses that the court can call upon. I would get a lawyer.

In Texas a written will still works without having to be notarized I believe

Without that letter, and seeing as it wasn’t notorized or drawn up legally with a lawyer present I’m afraid you don’t have any grounds here. Unfortunately unless you can find a will she made before passing (but you already stated she didn’t) you’re screwed and legally the home belongs to your mother and aunt and they can do as they please. Including evicting you. They are going the proper way, filing with town office or court to do so if her brother served you with papers . Just make sure you stop by the presiding courts or call at least to make sure those documents are in fact legal. If they are, then you can try to fight it in court but you’ll have to pay to file for a civil case to be heard which could buy you some extra time to stay at the home. As for your boyfriend, you had no written agreement with your mother or aunt so they can’t just dictate who can or can not stay there while this process is going on.

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Unfortunately you don’t have a leg to stand on…be grateful you just have to leave and mom isn’t being an ultra bitch and making you pay for repairs too…even that letter wasn’t notarized so it meant nothing

You can take anyone to court for anything. That doesn’t always mean you’re going to win. I would fight it, but I don’t know how much success you’ll have when there was no will in place. Good luck!

You should have made a copy of that letter. I hope you saved it. Get your rights from a lawyer immediately.

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Probably not because nothing was notorized. But I’d still talk to a lawyer. Some states like florida there’s like a 6 month process to “evict” someone. Look up the laws in your state.

Dot cute bills if you paid bills thats proof.you.lived.there and took care of.her

I will talk to a lawyer maybe I’ll legal aid could help you out

I hope you got a picture before you left him take it over there! And yes take that to court. And with covid I don’t think they can serve you with a 30 day…

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Consider you both have mail there…notbing can be done unless legally evicted. As long as the bills are not in ur name quit paying them🤷‍♀️. Save your money and move! And some places aren’t even doing evictions right now due to the pandemic

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Wow that sucks. Without a legal will I doubt a lawyer is going to be able to fight for anything unfortunately, but it’s worth giving one a call and just double checking. If you want to push back, the most you could do is disagree with the eviction letter and refuse to move out until going to court and a judge orders you out or until you find a new place. If I were you I’d consider the lady who gave birth to me dead to me after that point as well as the aunt who ripped up your grandmas wishes, even if it wasn’t technically going to hold up in court anyway.

Here is the deal if there was no Will then all her living relatives will have a say in said property. Get a attorney and talk to them. I think you may be able to Force a sell if no agreement can be made. These ppl that moved in are they family?? I hope things work out. Good luck and God bless.

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You haven’t got a leg to stand on in court, best to just pack your belongings and move on, cut your mother off cos it shows shes a horrble person and doesn’t give a flying Fluke about you, but believe me she will need you one day when she’s old and can’t do for herself, she’s guna end up regretting whats she’s doing to you now

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If you don’t have the money to get a different place to live, then you don’t have the money that it would cost to take this to court.

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Brother cant serve you a 30 day eviction for one it has to be done by certified mail and if you dont get it a sheriff or police will serve you for your information

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Sadly it was left to your mom and Aunt so yes technology they can throw you out.

I agree and your mom is a money grubbing bitch

Do they have the original ?

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Talk to a lawyer I bet you could and if u have been there for 10 months and have proof that u been paying bills I don’t think she can kick yaw out especially since there was no Will written up and I don’t think she would even be allowed to have people move in the n yaw with yaws permission call the law

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If there is no will then her belongings go to her children. But get you an attorney

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Lawyer up and dont post all this on social media itll bite you in the ass

Go to court and take advantage of squatters rights until its situated

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I would definitely find a good attorney. What state are you in?

No. Even a will doesn’t guarantee that property is dispersed accordingly when it comes to real estate, and the property must go through probate for a judge to decide who legally owns it unless the house was left in a trust.

(Used to work in escrow)

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You need a lawyer. But to be honest you need to stop paying the bills. Your mom is going to lose the house because it honestly doesn’t sound like she’s going to actually take care of anything. I personally don’t see anything you can do legally except try to make your mother pay you back any money you put into the house. Keep records for sure.

That letter proved intent and you probably could’ve gone to court, but that’s why people say move in silence. Not everyone has to know your plan and not everyone has your best interest in mind. I’m sure your aunt knew that was your leg to stand on and she just destroyed your chances of any real proof.

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Is it possible to go to civil court for upkeep of the property and the house, bills you’ve paid, etc?

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Mom & aunt have the say…

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It could be a long run…but if you have proof that you were with your grandma,taking care of her etc you might get the house… a judge can definitely hear your case and decide…

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Unless you have a lot of money to pay for lawyers to fight this. Your best bet is to leave . Cut your ties and move on. The house goes to your mom and aunt . At least you had the best of your grandmothers last years😊

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If the letter was hand written it can be considered in the eyes of the law as her will (I hope you still have that paper). I would absolutely seek legal advice.

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The courts have to serve you not a family member, but you may wanna cut your loss. In the end you are battling a loosing cause. The courts will award everything to your mom and Aunt. However they may owe you for up keep on the home and have to pay you for taking care of your grandma. Please reach out to a attorney on this one.

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Well giving that document up made it so ypu can’t. In the future make a copy and keep original. People, even family can’t be trusted.

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Unfortunately it the letter wasnt signed in probate court there’s probably not much you can do. She left the house to your mom and aunt maybe you can talk to your aunt and see if she can help you out seeing as your mom shouldn’t be able to do anything without her consent.

Unfortunately you need to ask a lawyer. In my experience in Illinois, if there is no legal will it goes to the children. It only goes to the grandchildren if the children are gone. Even with a legal will the children have rights to contest the will and can win easily. I think your best bet is to find another place. I know you feel you shouldn’t have to leave, but legally you may need to vacate. Call a lawyer and ask.

Get a lawyer and try and fight for it girl🙌 please keep us updated xx

I thought people couldn’t evict you right now because of COVID?

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Should have never allowed that paper to be tore up

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Probably not now if everythings already been done and dusted.
You should have contested the will or lack of one straight away

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Not much you can do depending on your state. In NY the courts sometimes give you 90 days to find a place. Stop paying the bills of the house unless the bills are in you or your boyfriend’s name. If they are take them out of your name as soon as possible. Most attorneys offer free consultations so definitely try and find someone that can give you some sort of guidance.

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Cut your losses move without actual written signed proof you would face uphill battle and most likely lose. Your mom can evict you and it will ding your record for any future rentals.

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She can’t send no one with a eviction it has to be legal and then when you have to go to court for eviction that will give you a chance to explain to the judge what is going on. Good Luck to you

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Get legal advice now. As your grandma’s main carer you have rights.

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Talk to a lawyer. Was the letter salvageable?

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I feel like you should’ve taken the letter to a lawyer instead of your Aunt! I really hope you have a copy! I’m sorry you’re going through this and I hope you can find a solution!

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Nope no rights, no will. Sorry but true. Lawyers will only take your money. After probate anything left goes to next of kin. Sorry

If you still have the paper he ripped up and proof of signature

Usually they look at who has paid and lived there. If you can prove you’ve lived there for at least 6 months or more, likely they’ll side with you.

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Get lawyer girl. Now!

Nothing you can do unfortunately.

This happens all the time actually. Call a lawyer. Hugs

A lawyer won’t help. Legally you have no rights if nothing is in your name. Sorry I don’t think there is anything you can do :pensive:

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You need to get a lawyer, and anyone who seen that paper needs to talk to said lawyer. If you can get the pieces, then bring those with you also

I don’t know where you are, but in GA, your mom isn’t doing anything wrong. The house now belongs to her and your aunt. If there isn’t a signed rental agreement, then you have no rights. It sucks, but that’s the law.

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Move out, cut ties. They forced roommates onto you which would be seen as a violation because you didn’t agree to the terms before hand. They made the home unlivable to your family when you get your own place you dont have to deal with the drama.

Def talk to a lawyer. You may have squatters rights since you have been living there and paying the bills. It’s a shame the letter your grandmother wrote was torn up. Hopefully you can find witnesses who will verify your grandmother’s wishes.

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If you can prove you have been paying bills for that address (bills are in your name) for a period of time you can take her to court for the property.

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Family can be the worst to deal with at times like this. I’m sorry for your loss I’m sure your gram appreciated everything you did for her. You could seek legal advice or just say f**" them all an move on with your life cut those who have betrayed you an the memory of your beloved gram out of your life for good. Good luck to you.

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I don’t think evictions are allowed during this Covid pandemic. So that could buy you some time while you take her to court.

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Lawyer up Immediately.

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Find a place for your little family and move on pray for mother that these people do not destroy that house and leave it shambles cause that’s what’s going to happen, karma is no joke

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Did you keeo the pieces of the letter, id speak to lawyers before doing anything hope it all works out for you what an aweful situation

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Talk to an attorney but if the house is in your mom’s name etc… By default your mom and aunt would have been responsible for taxes, upkeep, and anything to do with your grandma’s estate. Hopefully you have changed the bills into your name and not left them in your grandma’s name as that will show proof of residency. But definitely contact an attorney as there are a lot of ins and outs to estate law, and some may offer a free consultation.

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No way I could ever throw my daughter and grandkids out with no where to go but that’s me…

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You are entitled to everything!!! See a no win no pay lawyer and do not move out.

You don’t have any rights, and the letter would only help if it was notarized. Find a new place and get away from all of them. They sound like horrible people.

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Tell your boyfriend he doesn’t need to move , he is allowed to stay there … no one is supposed to be getting evicted because of covid

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I’m so scared of this happening to me. Me and my fiancé and my son live with my grandmother and take care of things and her but she won’t sign anything over to us and she doesn’t have a will and won’t make one. So the house we are living in would go to my mother and her 2 brothers. But the brothers want to sale the house when ever she passes.

Get a lawyer. You have rights because you’ve been there more than 30 days. Good luck.