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I live in Montrose, CO and my father has become a of the…

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I live in Montrose, CO...
I live in Montrose, CO and my father has become a ward of the state and I am his only heir and now I'm locked out of his house and machine shop and I don't know what my rights are. I have a will that he made out and a power of attorney that they overlooked when they put him in a nursing home.
Submitted: 7 months ago.Category: Estate Law
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Customer reply replied 7 months ago
Can I still conduct business out of the machine shop and rent the house out or live in it myself?
Answered in 1 hour by:
12/1/2017
Estate Lawyer: Law Educator, Esq., Attorney replied 7 months ago
Law Educator, Esq.
Category: Estate Law
Satisfied Customers: 125,858
Experience: Experienced in Trust and Succession Law, including Louisiana Laws
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If he has become a ward of the state, the state is likely now trying to exert a lien over his property and contents. At this point, if your name is ***** ***** the deed to the property, you would need a local attorney to take the state to court to allow you access to the property to obtain your tools and equipment and personal items and to fight the state over the lien they are placing on the home.

The state, when they provide long term care, has a right to recover from the property of the ward, so by them locking down the property they are trying to exercise that right and their right to recover comes before any of the heirs to the estate of the ward.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Law Educator, Esq.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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