Hitting the 98 year old mark is usually a pretty joyous occasion , with family and friends around to help celebrate. What you don't expect is to receive an eviction notice on your 98th birthday, and from your son no less. That is exactly what happened to Mary Kantorowski and now the courts will have to settle this dispute.

Mary has lived in her current home since 1953. She and her husband, John, had agreed to put the house in a trust administered by their son Peter. The conditions of that agreement stated that Mary would live in the house until her death at which time the house would then go to Peter and younger brother Jack.

Peter has sent his mother eviction papers saying she needs to go to a retirement home and be with peers her own age. However, Peter has not actually seen his mother in over 8 months, while younger brother Jack stops in to visit and check on this mom almost everyday as do neighbors, friends and home health nurse. They all agree she is fine, as did the courts. Jack says his brother is being a "scumbag".

The courts have appointed a conservator to represent Mary in the case as it will have to be settled in the courts.