My mother in law was a realtor and had owned a fourplex. She was diagnosed with Alzheimer's in 2010 and due to the illness, she fell behind on payments. Her brother was living with her during this time and had then decided to try to save her fourplex (my mother in law owns her own home so the fourplex was really not a big deal to lose for her). He entered her into chapter 13 bankruptcy and was then court appointed her financial guardian ad litem for the bankruptcy proceedings in 2013. After many issues during this time, family disputes, elder abuse, and financial exploitation, me calling adult protective services, and a police report, my husband and I decided to take control and get my mother in law away from him and move her in with us. We contacted adult protective services and an elder law attorney who all assured me my mother in law is not at the point to be declared incapacitated and can still speak for herself so a revocation of POA and a new POA would be okay for now. We tell the brother this, and gave him a copy of my mother in law's revocation of power of attorney and her new power of attorney forms naming my husband and myself as her agents. So her brother had the chapter 13 dismissed, he moved out of her house, BUT was still using her barn on the property as his workshop for his handyman business. We told him he needed to completely leave. We go back to her house (we live three hours away and have three kids in school so going back and fourth is tough) a couple months later to find he is still using her barn AND has rented out her house! We call the police and they tell us to start an eviction. So we speak to the renter and we are currently working with the renter's attorney about staying there, but my mother in laws brother has been collecting all rent while my mother in law has been paying all property tax and utilities. As for the brother, we started the 30 day eviction notice for the barn AND house. After the 30 days, he was still using the barn so we proceeded with an unlawful detainer and had a court date the following week. Today was that court date. The trial was postponed for 60-90 days from now due to a motion to stay. Then his lawyer gave us a summons for district court for "Complaint for Dissolution of Joint Venture and Accounting." He's saying he entered into the joint venture with my mother in law with hopes that "they would benefit by the joint venture." The summons says her brother is "ordering an accounting of all assets and debts of the joint venture; for such further relief as the court seems just and proper." Now during the past couple of years with the family disputes, he has tried to bill us before for $15,000 for repairs, supplies, and expenses on the fourplex he claims he paid out of his own pocket. When that first happened, I called the bankruptcy attorney's about it and they explained that he became her guardian ad litem in good faith. He is to NOT use his own money to support/pay for anything for my mother in law and my mother in law is to not use her own money to support or pay for his things. He is to just use my mother in laws finances to pay for her things. If my mother in law did not have the money, then she didn't have the money, but if he paid for something himself then it was on him and he shouldn't expect any payment. They told us to not pay it and that they would speak to him about it. One of the reasons other than physical abuse we took her away from her brother was because we went through her bank statements. My mother in law is living off disability and SSI, and it is a measly amount, but each month her brother was running her accounts dry with constant charges to HIS own things. Of course we filed a police report and they told us that since he was POA at the time of those charges, it would be hard to prove what went to who (he had over $300 Verizon charges each month and my mother in law doesn't even have a phone, they were charges like that) and the deputy also told us that the brother had explained how he used his own money for her stuff and was just using her money sometimes to "balance" it out. So now we have a summons for district court for the supposed "joint venture." Can he do this even though he was her financial guardian ad litem during the bankruptcy and when he supposedly paid for repairs himself? Can he seek reimbursement for all of the claims he is making? Even though he mixed up their finances? He may have used his money on her, but he also used her money on himself. I have 7 months worth of bank statements that show he was using her money on himself and his bills, as well as having a renter in my mother in laws house for the past 8 months and he has been collecting the rent while we have been paying the taxes, insurance, and utilities. I forgot to mention that I have a copy of his affidavit from the guardian ad litem/bankruptcy proceedings that he specifically states "I will not charge a fee for these services. None of the debts listed in my sister's bankruptcy schedules was incurred for my benefit. My sister does not owe me any money nor do I owe her. I do not have any interest, either current or potential, in my sister's financial affairs other than the interest to help her prevent the foreclosure of her investment property." When I pointed this out to his attorney today, she was very confused and the look on her face definitely showed how she was unaware about the affidavit and the fact that he was her guardian ad litem during that time. The brother also told the attorney that HE is living in my mother in laws house. When we corrected her and said he has her house rented out to someone and he is collecting rent himself, she was very lost and was getting confused. She asked if I could send her a synopsis of our side of the story and send over any documents that I have, including the affidavit so she can help "make this right." She's working for him, I'm not sending her anything. Our POA started in March 2015 and all the "accounts and debts" he wants accounting of are from when he was her POA and guardian ad litem. Does he have a good chance at winning this? Or is he just trying anything? I do have consultations with attorney's within the next week, but I just like to get some opinions and hopefully some reassurance that we haven't done anything wrong. It's a mess, please help!

Can you please break this down to a few important details? This is not a blog site.

The issue is going to be a complicated business deal, along with ownership debates from the brothers dealings.

1. For the renter, they should be notified, that they are not to pay the brother any further money for rent. You should be collecting any rent from that point.
The brother owes back any rent money he collected.

2. If you do not have an attorney get one, it sounds, like everyone has an attorney but you. Which is why the brother is still living there, Your attorney could have gotten the eviction done. Also if the zoning does not allow that business there, use the government to force him to close the business there. Is he living in the barn ? If so, that is also a code violation and he could be forced to move out

3. yes, if you mom told him to do any of the work, (she is able to speak for herself) and he used his own money, he can make a claim for that. A counter claim from all the money you will sue for, the rental of the house, his use of the barn and so on.

There is little way for us to advise without seeing the terms of any agreements. You really need an attorney to deal with this.

I would be prepared to counter sue for rents that he has illegally, monies he stole from your MIL etc.

For the future, please try using paragraphs to make your post easier to read. Try to keep it to the highlights and let us ask for more info if needed.

1. We have been working with the renter's attorney about making a new lease. The renter and her attorney are aware that the brother is to no longer collect any rent. I am currently waiting for them to send me documents and receipts showing how much.

2. We are going to start interviewing attorney's next week. We have a few consultations coming up. The main issue is that this property and district court are three hours away. We're trying to figure out if it would be best to hire someone from there or closer to us. We're talking to attorneys from both places then we will decide. He is not living in the barn, only working out of it. Thank you for mentioning about zoning, I did not think of that and I will look more into it.

3. I am not sure if my mother in law told him to do the work or if he just up and did it or told her "I'm going to do this and this." He does have a tendency to just go and do things without speaking to anyone about it. I don't know if that makes a difference, I'm guessing not. I'm just confused because he has tried to send us a bill before on this same issue and when he did that, I contacted the attorneys who set up the financial guardian ad litem and bankruptcy asking them what we need to do about it since he was in charge of my handling my mother in laws finances. That was when they explained that he could not do that because his affidavit specifically says "I will not charge a fee for these services. None of the debts listed in my sister's bankruptcy schedules was incurred for my benefit. My sister does not owe me any money nor do I owe her. I do not have any interest, either current or potential, in my sister's financial affairs other than the interest to help her prevent the foreclosure of her investment property" and they told us since he is not charging a fee, he is to be acting in good faith.

He was financial guardian ad litem all that time and now that he is not he can turn around and say that it was a joint venture instead?

There is little way for us to advise without seeing the terms of any agreements. You really need an attorney to deal with this.

I would be prepared to counter sue for rents that he has illegally, monies he stole from your MIL etc.

For the future, please try using paragraphs to make your post easier to read. Try to keep it to the highlights and let us ask for more info if needed.


I know, sorry. While I was typing it out I did use spacing and paragraphs and then when I submitted it just all bunched together.

This issue is so complex I don't know what to use as the main highlights because there is so much put into this big mess of things.

I would certainly work with an attorney near the property.

I think you have made a good move in working out a new lease with the renter rather than just evicting them.

In a lawsuit, one or more parties, can make whatever claims they want. Its what they can prove to the judge's satisfaction that matters. And then sometimes you have to wonder.

I hate to scare you but my daughter is involved in a suit. She spun out on a snowy on ramp so that she wound up on the side sticking out a little in the roadway pointing down the ramps (lights were on). Another driver came up the ramp and hit her and then sued her. The judge held my daughter 100% at fault even though she was stopped and the woman hit her! The reason I'm relating this is you need to make sure you have as much evidence of wrong doing that you can accumulate.