My father, has legally quit-claimed the family business to me, and all rental property, as he himself could not handle it properly. Now almost a year down the road, he wants it back. Ive put many hours, time and effort into getting this business back to normal. When he found out, chances are he would not get it back. Its a legally binding deed. He has started a civil lawsuit, and has been causing me and my wife an awful lot of trouble,Just because he is aging, doent mean he can make false accusations and lie, without recourse. we all live in the same house. He could have had it made, but he chose to fight this out, leagally can I evict him from my home?
Michael J. CaticchioReal Estate AttorneyCleveland, OH ·
short is yes
longer answer is do not do it
as attorneys we see this type of family problem all the time
suffer through it
keep family and business separate
sounds like you will win the lawsuit - it is a temporary situation
family is forever, for better or worse
I agree with my colleague that legal actions against family members create wounds that never heal. However, another part of your story caught my attention: your observation that your father's aging has caused him to act erratically and no longer be able to handle his affairs. Rather than taking his allegations personally, you might consider whether infirmatives of aging, memory loss, confusion, or fear are the cause of these charges and whether he should be evaluated for purposes of determining his compentency. When seniors begin to fail in these capacities, they are aware of their shortcomings and accomodate or cover for them by assigning blame, etc. to others. They also become hostile to the family members who are trying to protect them, in part because of anger that they need protection in the first place. You might consider a consutation with an elder law attorney in this process to examine options to provide care for your father and determine whether legal action (in the form of application for guardianship, not eviction) is in order. But don't evict your father. He is far safer living under your roof, even if it is a bit difficult for your right now. Think how your would feel if you forced him to live somewhere else and something avoidable happened to him. Best wishes to your entire family to find an appropriate resolution to your difficult situation.
