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rebekkaellis · Oct 1, 2009, 05:20 AM

My mother is moving in four weeks and I will be taking over the house and property. What kind of contract do we need to legally place me as the one responsible for the property and bills? Also, she has allowed my brother to live in a camper in the yard for the last year. I told him when she moves and I am responsible for and in charge of the home he has to move... will I need to legally evict him?

stevetcg · Oct 1, 2009, 05:36 AM

Does your mother own the property? You need to be on the deed in that case (or a power of attorney that allows you to act in her behalf).

The real question is who owns the property. That person is the only one that can legally make decisions.

rebekkaellis · Oct 1, 2009, 05:52 AM

Originally Posted by stevetcg

Does your mother own the property? You need to be on the deed in that case (or a power of attorney that allows you to act in her behalf).

The real question is who owns the property. That person is the only one that can legally make decisions.

My mom owns the property. We are trying to figure out what type of contract to draw up between us that places me as the head of the household and responsible one for the house and property. She is moving because of him but does not have it in her to throw him out her self so she is moving and setting me in place to get rid of him. I am just wanting to cover all my bases before hand.

stevetcg · Oct 1, 2009, 06:06 AM

You will need a power of attorney covering the management of the property.

rebekkaellis · Oct 1, 2009, 06:15 AM

Originally Posted by stevetcg

You will need a power of attorney covering the management of the property.

Right on! Thanks for your help. I was thinking it would have to be something along those lines. If my mother and I draft a document to that effect and have it notarized - will it be legally binding?

stevetcg · Oct 1, 2009, 06:22 AM

Originally Posted by rebekkaellis

Right on! Thanks for your help. I was thinking it would have to be something along those lines. If my mother and I draft a document to that effect and have it notarized - will it be legally binding?

Im sorry - I don't know the POA laws in AR. You could probably Google the forms, get one of those Legal Form software packages or have a local attorney draw one up.

Honestly, the lawyer is probably the best way to go since it may require some specifics of dealing with your situation.

rebekkaellis · Oct 1, 2009, 06:32 AM

Originally Posted by stevetcg

Im sorry - I dont know the POA laws in AR. You could probably google the forms, get one of those Legal Form software packages or have a local attorney draw one up.

Honestly, the lawyer is probably the best way to go since it may require some specifics of dealing with your situation.

Very true. It is nice to know we are on
Right track though. Thanks again for your help. :D

excon · Oct 1, 2009, 07:28 AM

Hello r:

I've been reading... Steve, of course, is right on... However, I wonder if there isn't a different way to skin this cat...

It would be MY opinion, that living in a camper in the yard would NOT create a landlord/tenant relationship. So, if he's not a tenant, and he's not a guest, that leaves trespasser, and that's what I think he is, once he's been asked to leave.

It would take action by your local cops in order to enforce it, though. We've had experience with police forces who don't want to get involved if there's ANY hint that it might be a civil matter, however.

An attorney will get BETTER results if HE calls the cops, than you or your mother would if you called. Now, I don't know how much it's going to COST your mother to move, but I'll bet it'll be MUCH cheaper to hire a lawyer.

excon