Legal Question in Elder Law in Alabama

Hi. My step-grandfather passed away a few years back. He left his Alabama home to another relative of his with a provision that my grandmother be allowed to live in the home until her death. A couple years ago my uncle (my mother's brother) bought the home from this other relative. He now claims the house is "his" and has moved in "to help care for" his mother. However, he is difficult for my grandmother (in her 90's) to live with and get along with. My grandmother would like to receive calls from my mother and my aunts but he refuses all calls to the home from any of them and hangs up on them and on me. At this point, my grandmother also would prefer my aunt to now care for her but my uncle claims that it is "his" house and no one can make him leave. I believe my grandmother makes all utility payments on the house, etc. Are there legal recourses I can take: 1) to allow my grandmother to receive calls in her own home from relatives? 2) to move my uncle out and allow my aunt to move in? We have asked Adult Protective Services to help and although they "checked" on her, they say there is nothing that can be done about him accepting phone calls for her. The police say the same. Please help us!


Asked on 7/09/11, 12:48 pm

1 Answer from Attorneys
William Nolan Nolan Elder Law LLC

You have several issues going on here. Rather than attempt to give you definitive answers, I strongly encourage you to consult with an Elder Law attorney in or near where your grandmother lives. If you post her zip code we can help you find a good one. The problem many people have in this area is that they do not even realize the problems they are facing until too late to correct them. If you consult with an Elder Law attorney, he/she can point out the various issues and make recommendations as to what steps to take.

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Answered on 7/11/11, 6:42 am


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