How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jane Doe Deer Your Own Question

Jane Doe Deer
Jane Doe Deer, Attorney
Category: Legal
Satisfied Customers: 3864
Experience:  Atty. 27+ years; Plain English answers to family law, employment, landlord-tenant, & other questions
10033880
Type Your Legal Question Here...
Jane Doe Deer is online now
A new question is answered every 9 seconds

My Dad has dementia and is in a home. My step mom passed away

Customer Question

My Dad has dementia and is in a home. My step mom passed away not to long ago. My sister has power of attorny over my dads income and such. My dad left me and my brother his house in his will. I have lived there for over 20 + years in the guest house taking care of everything. My sister is now telling me she is gonna sale the house and I have to get out. Can she do that? my dad is still alive and he left the house to me and my brother in the will. What can I do to keep her from taking my home?
Submitted: 5 years ago.
Category: Legal
Expert:  Jane Doe Deer replied 5 years ago.

Thank you for contacting Just Answer. I look forward to assisting you.

 

There can sometimes be a delay of an hour or more in between my answers because I may be researching the answer to your question, helping other customers, or taking a break. If we're writing late in the evening, I may need to get some sleep and resume helping you the following morning.

 

Sometimes I'm unable to read your entire question until AFTER I write back to you. So, if I suggest something you already tried, it's because I couldn't see part of your original question. Just write back to me and let me know.

 

Answer: Ask your sister why she is going to sell the house. I would guess it's to help pay for your Dad's care. If not, try to persuade her not to sell. If that doesn't work, you can go to court to stop her. One of the ways would be to obtain guardianship (conservatorship in some states) of your father.

 

Unfortunately, a will is utterly meaningless until a person dies. It does show intent, but if your father needs money from the sale of the home for his care, that takes priority.

 

There may be a way around selling, however. Your sister should talk with a certified elder law attorney about alternatives. You can find such attorneys through this website: www.naela.org

 

I'd be happy to answer follow-up questions. If you have none, please "accept" my answer and ask for "Jane Doe Deer" the next time you use JustAnswer.com.

 

I wish you the best.

 

Jane Doe Deer

 

Jane Doe Deer, Attorney
Category: Legal
Satisfied Customers: 3864
Experience: Atty. 27+ years; Plain English answers to family law, employment, landlord-tenant, & other questions
Jane Doe Deer and 6 other Legal Specialists are ready to help you
Customer: replied 5 years ago.
Thank you for your speedy reply to my issue. My dad is retired military and $500.000 in in account, $1500.00 monthly in S.S. The money he recieves monthly from military and social security covers his expenses at the home. I did ask my sister why she is doing this and her reply was that she is responseible for what happens at the house. and she does not need to get sued for anything. I said then put all in my name and you wont be, but she still wants to sale. I love this house and dont want to lose it. please can you send me in the right direction in what i can start doing to protect this house from being sold?
Expert:  Jane Doe Deer replied 5 years ago.

You're going to have to go to court. I suggest that before you do that, send your sister a letter letting her know that you love her, etc., but if she continues to proceed with this idea to sell the house you'll be forced to take legal action to stop her.

 

Then, as I suggested for your sister, make a one hour appointment with an elder law attorney (http://www.naela.org/). Try to find one in a at least a moderately sized firm that also has real estate and trial attorneys.

 

One way that you can stop the sale is to file for guardianship of your Dad and revocation of the POA. Another way is to simply ask for injunctive relief stopping the sale. There are probably a few other ways, too.

 

I think you're on the right track, but try to do what you can to maintain your family relationships. Family is important.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.