I became POA for my 94 year old mother this year after she hurt her back and moved into assisted living. Before that she lived with my brother on the family farm he bought from her in 1998 by contract for deed. She had life estate for the farm which allowed her to live there until she dies. I recently found out he has not been paying her the yearly amount due her on the contract and has also been having her pay $600 - 700 per month of his bills! He is in foreclosure on the farm so I don't know if I could get any funds for her but this seems so wrong. Any suggestions on how to handle this? She is a sweetheart and this makes me so angry.
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If I understand you, instead of getting yearly income from the farm harvest each Fall, your Mom elected to receive a specific amount annually from your Brother via a “Contract for Deed”.
Who is foreclosing on the farm—a bank? You need to read your Mother’s “Contract for Deed” document very carefully. If your Mother is the “Vendor” that your Brother purchased the farmland from, then it is possible that the farmland could/should return to her possession. Or is the foreclosure occurring via a “Foreclosure Sale”?
You need to contact an elder care attorney ASAP who understands “Life Estate contracts” and “Contracts for Deeds” as this situation is very, very complicated and you need professional help from an attorney.
So it is time for you and brother to see a lawyer together; if he will not do that it is time for you to see one alone. You need the facts and the options now for your Mom as her future funds and care may depend upon it.
So sorry you are going through this.