Can an Elder Mother kick out her adult child from her house? Imagine a adult child is living with her mother (and has been for a long time) who has some dementia issues. It is the mother's house and the adult child has been trying to help the mother. Then one day the two get into a heated verbal argument and the mother tells the adult child to move out? Does the adult child have to move out that night? If the adult child does move out, can be charged with elder abuse for leaving the mother alone when the adult child believes it is not safe for the mother to live alone. Part of the problem with the mother living alone is that she would need to get to the food store and her driving skills have detoriated.
First, a landlord cannot just expel a tenant, this involved getting a court order where the judge tells the tenant to leave. Second, she might think that &quot;You're not a tenant, you're just living here&quot; but that is pretty much what it means to be a tenant – she agreed to let the relative live there. There does not have to be a detailed lease written up, though the term of such unwritten agreements is usually month-to-month (this is all about the laws of the particular state, but no state authorizes instant expulsion). You would need to look at the laws of your state for the &quot;abuse&quot; question. Using Washington as an example, and trying to make the best case possible that bailing out is against the law, the potential legal concern is &quot;abandonment&quot;, which is defined as an action or inaction by a person or entity with a duty of care for a vulnerable adult that leaves the vulnerable person without the means or ability to obtain necessary food, clothing, shelter, or health care. the failure of a vulnerable adult, not living in a facility, to provide for himself or herself the goods and services necessary for the vulnerable adult's physical or mental health, and the absence of which impairs or threatens the vulnerable adult's well-being. This definition may include a vulnerable adult who is receiving services through home health, hospice, or a home care agency, or an individual provider when the neglect is not a result of inaction by that agency or individual provider. RCW 74.34.200 creates a legal cause of action for abandonment, abuse, financial exploitation, or neglect of a vulnerable adult. Then one might sue for abandonment if one is living at home and receives care from a home health, hospice, or home care agency, or an individual provider But, &quot;individual provider&quot; is a defined legal term: a person under contract with the department to provide services in the home under chapter 74.09 or 74.39A RCW If the tenant is under contract with the state to provide services, then abandoning the vulnerable adult could get you sued. The courts do not declare that a duty of care exists because of a genetic relationship. A duty of care might be found from a contractual relation (one not involving a state social services agency), for example &quot;You can live here if you take care of me&quot;. So there is a legal concern over abandonment, which the person should talk out with an attorney (which is possible since instant-eviction is not an option). Said attorney might also discuss the concept of guardianship.
Charlie is not a party to the contract between Alice and Bob Alice and Charlie have no contractural relationship and Alice cannot require him to do anything nor is he liable to Alice in any way. Alice’s issue is with Bob who has clearly breached his contract. Alice can sue Bob for damages and may be able to end the lease. There is no trespass because Charlie is there with the permission of the leaseholder. From Charlie’s position there is no reason to believe that Bob does not have the authority to give this permission so Charlie is not in breach of the law. The police will see this as a civil matter and won’t intervene.
Under Fed. R. Civ. P. One can be served according to the state law or: (2) doing any of the following: (A) delivering a copy of the summons and of the complaint to the individual personally; (B) leaving a copy of each at the individual’s dwelling or usual place of abode with someone of suitable age and discretion who resides there; or (C) delivering a copy of each to an agent authorized None of those would apply to your facts. Thus you would have to find some jurisdiction that would allow service of process under your fact. I dare say that none will and that due process would come into play. In NJ, due process applies and service may be made (1) Upon a competent individual of the age of 14 or over, by delivering a copy of the summons and complaint to the individual personally, or by leaving a copy thereof at the individual's dwelling place or usual place of abode with a competent member of the household of the age of 14 or over then residing therein, or by delivering a copy thereof to a person authorized by appointment or by law to receive service of process on the individual's behalf; It has to be the current place of abode.
Yes. Typically, a will is drafted so that it applies not only to any current children but also to afterborn children. In a statement of family, in a Will, I would often say that: "children" as used in this Will including the following persons and any other person subsequently born to me or legally adopted by me. Then I would draft the guardianship and dispositive provisions using the term "children" without specifying a name. If children are born, but there might be a paternity issue, it isn't uncommon to state that "my children at the time this Will is executed are . . . . and I intentionally exclude from benefit hereunder or for any fiduciary position with respect to me, any other person claiming to be a child or other descendant of mine as of the time that this Will is executed, but do not intend to exclude subsequent children or children later adopted by me."
Yes The child owns what they own - it would be illegal for the parent to take the item and dispose of it or otherwise permanently keep if from the child (once they became an adult). However, parents are their children’s legal guardians and are responsible for the raising of their children including matters of discipline. It is both legal and appropriate for a parent to limit access of a child to their possessions.
Close family members can stay as long as the tenant wants The tenant is entitled to "quiet enjoyment" of the property which includes living with their close relatives - spouse, de facto and children would all qualify; parents and siblings might as well. It doesn't matter if these people are children or adults. You cannot contract out of this as you are not allowed to discriminate in housing based on family situation. The tenant is also entitled to have non-relative house guests stay for as long as is reasonable. A month or so would be reasonable; longer than that and it starts to look like a sub-lease for which they would need your permission. There is generally a limit under texas law of 3 adults per bedroom but that doesn't seem to be an issue here. I also can't see where having a non-resident's mail delivered to the property is something you have a say about. I'd be very careful if I were you because it seems like you are on the wrong side of the law here.
renting a single room with three other guys each renting their own rooms means exactly what it says. What you are paying for is that room, plus shared access to the common areas. Without knowing exactly what your lease says, especially with respect to the common areas, it's difficult to give a proper answer. I suspect that the lease for your room says nothing about who can live in the other rooms. Unless the lease says otherwise, the landlord has full control of the common areas. (Compare with a large apartment building, with hallways, stairwells, lobbies, etc., which must be maintained by the landlord.) This isn't an unusual arrangement, but I've never understood why anyone, landlord or tenant, would want it. There's far too much potential for conflict. You, yourself, could be a totally obnoxious person that the other three guys can't stand, but they'd have to put up with you. Their only alternatives are to move out or to ask the landlord to evict you. Moving out would be a lot of trouble for everyone. But, depending upon jurisdiction, as long as you're paying the rent on time and not causing damage to the property, eviction could be a very difficult and long process. And eviction is hardly in the landlord's interest. It costs a lot of money and time, and might not be granted even if she did apply. Why might a landlord spend so much time at the house they're renting? I'd be concerned about the implications of a woman going out of her way to do yoga in an area rented to four men. That is the part that sounds most strange in this situation. How do I resolve this? I'd start looking for a room somewhere else.
Unfortunately, there is the law answer, and there is the family answer. The law answer is fairly straightforward - she deeds the land to you, and you leave it your husband if you precede him in death. The family answer is different. Many families have been torn asunder by inheritance issues. Your siblings seem to think they deserve a share, which is problematic if you are building there. Your choices are to split the land but buy your siblings out, establish a long-term structure lease on the land, or take the land and deal with sibling fallout. There may be other options an estate lawyer can recommend. Note that if your siblings are co-owners, then soon there will be many more as their children inherit. You need a local lawyer to do any of the above.