I agree with Dag Otto about the special needs trust.
There may be a local nonprofit that will help with the legal formalities. Look up the local Legal Assistance Foundation; if they won’t take the case themselves, they normally have a referral list.
A consultation normally runs a couple hundred bucks. It’s worth it to know your options for protecting a vital asset.
Depending on how it’s done a consultation might not even be that much - first thing to do is find out your rights and what questions you should be asking for an issue, and that typically doesn’t take a very long time. Then you decide if you want to proceed with an attorney or if it’s something you can handle on your own.
Seriously, though, even though an attorney costs money using one should save you trouble and money in the long run.
I’d seriously question, that even if you accomplish your goal, through much expense and time, that it will stick.
So a couple of months go by then Harpy reappears and worms her way back in, because these folks are pushovers, still.
Now what?
Install cameras and gather some solid indisputable evidence, then lay actual charges, and get a restraining order. Report every violation of it.
That’s the path I’d choose. Good Luck!
More than 10 years ago, at my mother’s insistence, we set up a family trust consisting of her six children and she turned the house over to us. There is a provision that she has the right to live there rent-free for the rest of her life.
This was great foresight, since she now has dementia and we were able to secure care for her on Medicaid without losing the house.
This was in New York. I don’t recall that there were any tax repercussions for us.
I figure, if Sister is such a pushover that she can’t stand up to evict the Harpy, certainly Harpy will see this coming a mile a way and browbeat her into not giving you the house. Can your sister keep this a secret? Does she have the capacity to deal with the paperwork, lawyers, and effort of gifting a house without getting “Husband” and Harpy involved with the decision making process?
Basically, what happens when they find out and grind the whole process to a halt?
You may be casting this as a squatters issue, which under California law is defined as someone who takes up residency without permission … if the owner of the building notices right away, they might be able to get the police to chase the squatters off … but if the squatters have time to set up housekeeping, then the police won’t, the building owner has to give proper notice and file at the local court … here in Oregon this is a 24-hour notice, I don’t know what the time period is in California, it could well be 3 days …
The OP sounds like a case where The Wench was invited in and was given permission to live there … that alone makes this a Landlord/Tenant issue, and whether rent is paid or not is immaterial to the 30 (or 60, or 90) day notice period … it doesn’t matter how evil she is, the Law requires she be given time to pack up and move her residence elsewhere … this is one of the reasons rents seem to be high, the landlord will anticipate these extra costs and add it to the rent, everybody has to pay for the misdeeds of a few …
can you set up cameras in the house so you have evidence of domestic violence? or is the violence too sporadic for that to work?
You probably want to put the house in a trust for which she is the beneficiary and you are the executor.
You might need to have her legally declared incompetent. Warn her before hand, but do not ask for her consent. And move fast.
It might be best to sell this house and buy another one.
And, of course, you need a local lawyer, and must be prepared for your motives to be doubted.
The OP mentions his sister’s “husband” (including the scare-quotes).
Depending on what state this is and the legal connection between OP’s sis and this guy he may legally have a say in the disposition of the house.
A trust is almost certainly the legal vehicle you want. Getting there via long distance while the leeches are firmly attached to your handicapped sis is a practical impossibility. You/she desperatelys need local intervention by local authorities.
I will add more support to the idea that you want the house in a trust of some sort. Trusts allow the people with the legal power over property (the trustee/executor) to be different from the people who enjoy the fruits of the property (the beneficiaries).
You definitely need to get a lawyer in her area.
If your plan is to kick those bums out on their asses, you need to consider that the bums will likely fight back. They might even have a stronger claim on the house than you have. They have lived in the house for years without paying any rent. That’s an implied contract. They might successfully argue that kicking them out now would constitute a breach of contract. The state of California does not have common-law marriage but they do recognize that cohabitation is an implied contract and when romantic partners split one of them can sue for “palimony”.
And, if your sister is deemed not competent to take care of herself, any contract you get her to sign might be voided on that basis.
But even if these people were just total strangers who wandered into your sister’s house yesterday, you still face a hard slog at getting them evicted. If you call a locksmith and say “I wanna kick out my sister’s boyfriend”, it’s 95% sure that the locksmith will refuse the job.* If you tell the locksmith “My sister wants to change the locks on her house”, the locksmith will take the job BUT if the boyfriend is there at the appointed time and the boyfriend says “I live here and I don’t want the locks changed”, the locksmith will walk away from the job, unless or until you can get an eviction notice served by the sherrif’s office (which will likely take two months). That’s the mess you’d be facing if he only showed up yesterday. Given that he’s been there for decades, you have a much bigger mess.
Also consider how your sister is likely to react. After you kick out her air-quotes-husband, any time she feels lonely she’ll remember that you kicked him out and she’ll blame you for her loneliness. People who need help have a frustrating way of not taking help when it’s forced on them. You have to convince her that she needs help, and that will be a long hard slog.
Make sure your sister has access to some good counseling, not just a psychiatrist who adjusts her meds every six months. Get her to talk about what she wants and ask them to hook her up with some kind of advocate. Ask what resources they have for abused spouses.
But you also need to consider the fact that you might not be the hero in this story. And even if you are the hero, you might end up convincing everyone involved, including your sister, that you’re actually the villain.
- The ALOA Technical Standards specify that locksmiths should decline a job where a dispute of authority is deemed likely to occur. Even if the locksmith is not an ALOA member, they will likely take this same attitude because they don’t want to be in the middle of a dispute.
UPDATE:
We have not pursued putting me on the title, transferring the house etc. BUT…
My sister got an eviction notice for The Harpy. The Harpy is supposed to be OUT! by 24 April. And ‘BIL’ now has a job. Sis’s social worker got him certified as my sister’s caregiver. He’s taken the class (much to his displeasure), had his fingerprints taken, and is now a mandatory reporter. Yeah, he complained, but if he’s taking care of my sister anyway, he may as well collect $11/hour for it. I still think he’s a dick, but maybe the extra money will help.
Progress. This is good news. I hope it goes smoothly.
My mother has a similar setup to what colibri mentioned.
another couple concerns
the “husband”. Are they actually married? Were they married before she got the house? If they acquired the house after marriage this could get REALLY expensive.
that the “husband” also needs to lay down the law with the niece. If he is unwilling to side with his wife, the “husband” may need to be served with “divorce” papers as well.
They’re not married, and California is not a common-law state.