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Can a sibling move into a parent home while he is in skilled…

Customer Question
Can a sibling move...

Can a sibling move into a parent home while he is in skilled nursing/hospice? She says she has the right. Last year he had kicked her out and paid for her relocation expenses out of state. Since Dec 1 our father is in skilled nursing and just started Hospics Care. He will not be able to return home. The house needs cleaning and repair. This sibling wants to come to CA to visit Dad and live on the house til he dies. She insists he verbally told her she could have it when he dies. He has no will or trust or power of attorney in place. His bank account is only in his name. She says she can sue her 2 other siblings for not allowing her to stay there during his illness and after. Please advise if she has any grounds and what to do about this situation. Thank you.

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Has anything been filed or reported?

No. Sibling is saying she is coming out next week and will “get in house even if no keys and insists we have to give her them because she has one third interest in home when he dies.” She changed her mind about coming before when she found out he can’t write any more monthly checks to her because he is unable and Dr said incapable.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

There is no will but we know Ca law states probate with equal shares to Surviving siblings. She was happy to hear that but must have talked to someone who gave her idea to move into house and not leave it. She said she would “bring attorney with her” but she cannot afford one to come from Kansas! The two eldest siblings are both concerned as they have shared responsibility in the care and treatment of father. They have always been financially independent. The home is worth over a million and the sibling sees this as further opportunity to take more from her Dad. Mother died last year.

Submitted: 5 months ago.Category: Legal
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Answered in 6 hours by:
12/25/2017
Lawyer: LegalKnowledge, Attorney replied 5 months ago
LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 31,888
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Lawyer: LegalKnowledge, Attorney replied 5 months ago

Good morning. Who has control over your father's affairs? Does anyone have POA? How does she have a key to the home?

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Customer reply replied 5 months ago
Actually I said this before: there is is no poa and there is no will or trust. No one has access to his funds. Her father changed the locks after he kicked her out last year. We changed the locks again recently. She has no key now and lives in Kansas.
Lawyer: LegalKnowledge, Attorney replied 5 months ago

Thank you for the reply. No, she could not just move into the home. It is still his home and he still has the final say as to who can live and reside there. The fact that this is a child does not give her a right to just move in and take possession of the home. She can come visit but she is not allowed to just live there and if you have a key, can deny access and do not have to turn it over, since it is still your fathers. Now, once he passes you and your siblings would take your share under the law but until that happens, she does not have a legal right to the home.

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Lawyer: LegalKnowledge, Attorney replied 5 months ago

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Lawyer: LegalKnowledge, Attorney replied 5 months ago

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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