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

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not to long ago. My...
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: 9 years ago.Category: Legal
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Answered in 3 minutes by:
12/1/2008
Lawyer: Jane Doe Deer, Attorney replied 9 years ago
Jane Doe Deer
Jane Doe Deer, Attorney
Category: Legal
Satisfied Customers: 3,896
Experience: Atty. since 1986; Plain English answers to family law, employment, landlord-tenant, & other questions
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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
Jane Doe Deer, Attorney
Category: Legal
Satisfied Customers: 3,896
Experience: Atty. since 1986; Plain English answers to family law, employment, landlord-tenant, & other questions
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Customer reply replied 9 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?
Lawyer: Jane Doe Deer, Attorney replied 9 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.

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