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Virginia: Evicting Mother In Law Who May Try To Claim 100k Gift (early Inheritance) Gives He Claim On House

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Location: Virginia

My mother-in-law (wife's mom) moved in 4.5 years ago. This was because a) she was living with her mentally abusive son/my brother-in-law and b) because she had a stroke and has partial paralysis and executive function challenges (she can move around and drive, she is just slow). When she moved in, she sold her $200k house in Florida that she could not keep up, pay insurance on (too much), etc.

My wife and I closed on our house in March (we did NOT need her money for this, our HUD-1 shows NO indication that she assisted as she didn't) and when mom-in-law moved in she gifted (NOTE: GIFTED) 100k to wife and 100k for brother-in-law in May. Brother-in-law was supposed to stay in Florida but came into town and is a drunk/druggie/bum with severe mental disorders who does nothing but harass mother in law to buy him things with his 100k; won't even look for work and lives on Section 8 housing and mommy making up the difference (utilities, cable, alcohol, etc.)

He is now stalking me. I got warrants for his arrest and a protection order; he goes calling to mommy who tells him to avoid police, that he has done nothing wrong, and that I am blowing things out of proportion/I must be lying. So, she is helping him dodge service/arrest.

Wife and I decide enough is enough: we are going with a 30-day notice on Friday and giving her the 30 days needed to get out. Helping her son dodge arrest and service of a PPO? No way.

The notice to vacate is not the concern.

The concern is that she will somehow try to claim the 100k gift (again note gift) was somehow paying rent forward or somehow gives her a claim to the house. Again: we closed without her cash and the HUD-1 statement did not list a gift for the down payment or any of this. Of course, the first thing we did do was put the 100k to pay down the principle, but it was clear she is not on any document, and this was gift. (Our big worry was that if she had a claim to the house that, on death, the claim would go to the drunk/druggie/mental health issue brother-in-law). Mother-in-law has admitted that she has no claim in conversations ("Maybe I should have gotten my name on.") but we made clear to her at the time why that was not going to happen, namely, we want no chance the brother-in-law has a claim.

We think that because the gift and the closing were separated by 2-3 months and because we made sure her name appeared nowhere and because we made clear she was not getting any claim that she has no claim. Moreover, we could have easily spent that $100k buying a car or paying down our student loans. At this point, the gift is so co-mingled that it is impossible to tell what is what.

Thoughts?

submitted by /u/Special-Drama-6616
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