My mother’s late husband came with luggage. He was ‘his dead son.’ Is she in trouble because of his debt? Will she be able to get him out of the house?

He has major problems with alcohol and anxiety and is unable to hold down a job for more than a few months. He lived with them without rent or bills during his marriage. This is a classic “activation” situation and no advice or judgment is sought on this.

My mother and her husband purchased a 50/50 home in Massachusetts. Neither of you will receive any inheritance until you both die, and my mom can live there for the rest of her life.

I have two questions:

1. Can a mother legally evict her stepson? She gave him rent and utilities free for a year after her father died, which was only fair. But he technically “owns” 12.5% ​​of the house (he has three other siblings). He’s completely broke, but he recently got a job, so it’s time to end his support and either spread his wings or hit rock bottom.

2. Two years before my mother’s husband died, he guaranteed a car loan for his deceased son, which was a terrible financial mistake because the car was underwater at exorbitant interest rates. That idiot son stopped paying the note on the car 3 months ago (I’m shocked too). Does my mother or estate “inherit” the loan? Or are we clear?

Again, I’m not asking for judgment. I’m just looking for advice and a way forward in this terrible activation case.

brother-in-law

Dear Brother,

me hope Although monetarists are a judgment free field, I sometimes emphasize inequality or imbalance of power in certain situations. I think it’s worth mentioning that you use the term “deadbeat” five times in your letter. Most experts consider addiction to be a disease. However, I understand that you are frustrated with your late stepfather’s son. You are also afraid that your mother will end up having to deal with the problems that come with living in her own home. And from the debt his father co-signed.

Your attorney will have many questions that will need to be answered. Did your stepfather leave a will? Did he leave his home with the intention of leaving it to his wife and dividing it between his children? Or, after the stepfather’s death, did ownership of the house pass to his children? If they owned the home as “tenants by entirety,” the stepfather and mother each owned the home equally, and upon the stepfather’s death, the stepfather’s share would automatically pass to the mother. Then she will have more power to evict your stepbrother.

However, there are other possibilities that can make it more difficult to remove a stepbrother from the home. “If he died without a will and the deed was ‘tenants in common’ with a 50% interest for both of them, your mother should be entitled to the first $200,000 of the estate and two-thirds of the remainder. She already has 50% ownership through her deed, so it only includes 50% ownership of her home,” says Gary Lees, a Massachusetts-based attorney.

“She will then have full ownership, in which case she can vacate, or partial majority ownership. In this case, she may file a petition to split and detail the use and occupancy costs incurred to enable her husband to continue living there. “For the past year,” she said. “These expenses may serve to offset his interest in the property. If she still has any remaining interest, she can ask the court to order her to buy out his remaining interest. “Once she has his full attention, she can kick him out.”

Creditor grace period: 1 year

There are other issues with timing. “Has probate been opened for his estate? In Massachusetts, creditors have one year to file claims against the estate,” says Nick Murray, a Massachusetts-based attorney. “If there was probate on the property, and After one year, lenders cannot make a claim against the estate and the debt belongs only to the deceased’s son, not the estate. “Lenders may bring claims against the estate if the one-year period within which creditors may bring claims has not yet expired.”

Murray has another solution. Your mother purchased her father’s interest in his estate by paying off her car loan in full or in a lump sum during the one-year probate creditor period. “Such a written agreement could potentially result in the son giving up any inheritance rights he may have to the estate in exchange for a payment to the lender, and with public probate, after one year, the remaining car would be taken away by the son and the lender would no longer have a claim against the estate. Since he cannot, the loan debt will become the sole responsibility of his son,” he adds.

I hope you all can resolve this amicably so your stepbrother can get the help he needs and your mother can work through this situation in a way that respects all parties. It sounds like your mother and stepfather did the best they could at the time, using the tools and knowledge they had about how to deal with individuals with substance abuse problems and other mental health issues. Each case is unique, and now that your mother is home alone, we agree that it is time to take positive action.

The Substance Abuse and Mental Health Services Administration, an agency within the U.S. Department of Health and Human Services, aims to help families dealing with addiction issues. We offer advice on how to start a conversation with your loved one. “One. Check the appropriate time and place. 2. Express your concerns and be direct. 3. Acknowledge and listen to their feelings. 4. Offer to help. 5. Be patient.”

If you or a family member needs help due to a mental or substance abuse disorder, please call. SAMHSA’s National Helpline Call 1-800-662-HELP (4357) or TTY: 1-800-487-4889 or text your zip code to 435748 (HELP4U). Find SAMHSA’s Behavioral Health Treatment Services To get help. You can also find more resources and advice for families at SAMHSA. here.

Other resources for people who have a family member with addiction issues include: The Center for Motivation and Change has published the following books:Beyond Addiction: How Science and Kindness Help People Change.” Dr. Robert Meyers, who has been working in the addiction field for 40 years, craft approach Encourage family members to participate in treatment.

More from Quentin Fottrell:

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My husband bought a house with his inheritance. I signed a waiver. He said I could live there after he died, but he changed his mind. What now?

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