QUESTION

What can I do if my mother and brother have forced me out of a condo that my parents bought for me?

Asked on Sep 19th, 2016 on Estate Planning - Illinois
More details to this question:
My mother has CML leukemia and mild dementia which my brother is taking advantage of. He convinced her that I didn't make my agreed payments on the condo and he's doing this because she discovered with my help that he was taking lots money from her. She wrote him out of her will, which pissed him off. The condo was bought for me in lieu of me caring for my handicapped sister which I did until she passed in 2010. Then my mother's health began to fail, so I became her on-call person 24/7 literally. The agreement was that I would pay the mortgage and assessments and the condo would be kept outside of the will and trust. Now, I have been evicted and have to move by October 17 and I'm moving to another state. Can I sue my mother for breach of contract even though I'm in a different state, since my boyfriend's kids are helping us pay to move us back there? At this point, my brother has mother convinced that I'm a threat to her, so I'm unable to contact her in anyway way shape or form.
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1 ANSWER

Estate Planning Attorney serving La Grange, IL at Law Office of T. Phillip Boggess
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If you were up to date on all your payments and not violating the terms in any other way, I'm not sure how they could evict you. If this is in the court and you feel like you have a binding contract you haven't breached, I'd see if I could file a motion to get the eviction stayed until you got to the bottom of everything. You can also document everything with regards to your mom?s health. You?ll want the doctors to verify her capacity. If she doesn't have capacity to understand and make decisions, many actions she takes may not be valid.
Answered on Oct 12th, 2016 at 6:19 PM

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