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docwebb · Nov 17, 2008, 10:58 AM

Hi,
This looks like a great forum. My situation is probably unusual as my siblings,(there are three) and I own my mothers house with her having sole survivorship. A brother has executive powers and did a very poor job of taking care of mothers responsibilities. She is in a nursing home. The house has been "taken" due to taxes not being paid, And there is an attachment on it due to a defaulted loan,(one of many), in his name and creditors keep calling me to find out where to reach him. He also has let the insurance for it be cancelled.
Can any of this affect the credit ratings for the rest of us? And will I become responsible for any of his debt? Can anyone force the sale of the house to satify his debt? There was a substantial savings account in each of our names along with my mothers and he has emptied them as well, claiming to have used the money for expenses. I'm pretty sure he drank and gambled it away. Anyone have suggestions about what I can do? He wants to rent the house out, but I'm the only one who lives near enough to handle that. (I've already spent 40 years doing that for Mother and Father.)
Any help or advice short of violence will be appreciated.
Doc

ScottGem · Nov 17, 2008, 11:20 AM

You are not responsible for any debt not in your name. However, if the house is foreclosed on, it could affect your credit if you are the owner. If your brother withdrew funds from any accounts that were not in his name that is theft.

Fr_Chuck · Nov 17, 2008, 12:30 PM

First why did he have access to your bank accounts ? And it should be possible in most states to get the house back by paying the taxes, most have or allow the right to redeem tax properties from 1 to 3 years after they are sold at a tax sale.

You need to have an attorney reviw this mess and see if you and the other sibling have legal action you can take against the brother.

docwebb · Dec 1, 2008, 12:13 PM

Thanks for the information.
First, My Mother had a separate bank book in her name, shared with each of us 4 siblings. The brother has power or attorney for our mother, so he had access to the funds which he claims to have used in support of mother's care.So far no records have been produced. All of our names are on the deed. New info: there are 70 liens on file against the house for mothers care. I have an appointement to see a lawyer tomorrow. Thanks again. I'll let you know how it works out. In the meantime comments are very welcome. Doc