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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 113474
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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I have a complicated question, My dad was diagnosed with

Customer Question

I have a complicated question, My dad was diagnosed with dementia several years ago,he made an agreement with one of my 2 brothers plus I think my dad was afraid the IRS was going to take some property.idk My dad signed over 1 rental to me,3 rentals to one brother and the brother he made an agreement with 4 sections of farm land with my dad having a life estate with all property.The agreement with my brothers was that when my dad got worse with dementia that he would take care of my dad.My mother lived with me my parents had been divorced for 20 yrs the time had come my dad needed some place to go. my brother that was to step up said "sorry dad I do not have the room" so my dad had to move in with me and my mother. Dad gave my mom POA. My dad has lived with my mom & I for almost 5 yrs. My brother has the room now and has for awhile but still would not take my dad.My dad literally ran my mother to death.Less than one week after mom died my brother has room for my dad now.Is there anything that I can do? I mean he did not take care of dad he pushed him off on my mom and me. I did not want to take my dad in but what kind of a person would I be if I did not.I told my brother about 5 weeks prior to mom dying that dad was killing her.Also my dad is a narcissist. Any advice will be helpful. Thank you
Submitted: 3 months ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, you cannot make your brother take your father in as you found out. If your brother does not want to help out even though he has room, then you cannot force him to do so. You can go and get a local attorney and you can file a petition for guardianship, which would then allow you to make all decisions for your dad, including if you have to put him in a home and your brother would then have nothing to say about it. However, you cannot just force anyone to take your dad if they refuse.
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Customer: replied 3 months ago.
I guess I did not make my question clear to what I was asking. My brother made an agreement with my dad years ago that he would take care of him (dad) when the time came for a farm with at least 4 sections of land. 5 years ago when the time came my brother did not hold his end of the deal for the farm. So my dad asked if he could stay with me and my mother. We have been taking care of him for the past 5 yrs. Literally one week after mom died my brother started making room or should I say went and bought a bed for the room. I want to know is there any thing that can be legally done about the farm since my brother did not hold his part of the agreement until now?
Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your reply.
If this agreement was in writing, then it could be enforceable. If it was in writing you had 4 years from the date he first breached the contract to sue him for breach of contract. If you did not sue him within that time then there is nothing you could do about it now it would be barred by the statute of limitations.

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