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Richard, Attorney
Category: Estate Law
Satisfied Customers: 53706
Experience:  29 years of experience practicing law, including tax and estate planning.
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Hi my name is XXXXX XXXXX me and my husband are facing an issue

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Hi my name is XXXXX XXXXX me and my husband are facing an issue with my husbands father. His father is 84 years old and still on his own however he is experincing some a lot of forgetfulness. He is in fairly good health and is mostly self sufficiant. The problem we are facing is my husbands brother who will inherit half the estate providing my fatherinlaw does not need skilled care at some point. Heres the problem my husband brother has been laid off of his job and lives on social security now. He has lost his house and now wants to move in with my fatherinlaw and so he says take care of him or help him but more then likely live off him. He has a young wife with a child that doesnt belong to my brotherinlaw. My husband and I live a block away from my fatherinlaw and help him some. We don not want my brotherinlaw to move in with my fatherinlaw he has a nice home and they have lots of dogs and she has several siblings all of who can not hold a job. There is no jobs here and I know they plan to free load off my fatherinlaw. He has some money but not enough to sustain this many people. What can we do here so afraid they will move in to his house and never leave.
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good afternoon. Is your husband's father competent enough to weigh in on this? Would he be receptive to putting the house in a trust? Thanks.
Customer: replied 3 years ago.

Yes at this point he is competent but I dont know for how long as he is failing that is why the urgency. Just dont want to know what we can do at this point to keep the brother and his wife from moving in because based on his track record it is not a good idea. We dont not want the house to deteriorate with their many animals and poor habits.

Thank you. You can consider one of three alternatives...i) Have him sign a Durable Power of Attorney in favor of your husband giving your husband the authority to act on his dad's behalf. Your husband could then act with the same authority as his dad; the problem with this is that a POA does not prevent his dad from also acting on his own behalf, which could create a conflict if his dad says yes and your husband says no. ii) File a petition to have his dad declared legally incompetent and your husband appointed his guardian. This keeps dad from making decisions on his own and would put your husband in control. iii) As you suggest, transfer the property to a living trust and naming your husband as trustee; the problem with this is a living trust if revocable and thus dad could change his mind on the trust itself or the trustee; or it could be transferred to an irrevocable trust with your husband as trustee which could then not be revoked.

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