Real Estate Law
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I have been on disability 20 years my dad and mom owned the house 20 years my mom helps me only when I need help since my accident A year ago my dad died his will left everything to my mom He had a life insurance that paid the house off My sister somehow had my mom sign a DPOA took my moms money out of the bank opened a new joint account at a different bank with mom deposited the money but didn't spend the money Then my sister somehow talked my mom at a lawyers office to sin the house to her I found out about tis revoked my sisters DPOA had my mom take her money out of the joint account to my moms own account at a different bank My sister has now gave me 3 days to leave a house I lived in 20 years I have 50 years worth of my life that would fill up 5 cargo containers im to move in 3 days as a disabled person So is this disable abuse and what can I do stop this eviction
Response: You do not have to move out. At the expiration of the 3-day notice, she must file eviction action in Court and tell the Court why you are being evicted. She must serve you with the Summons and a copy of the Complaint so that you will file an answer and tell the Court your side and why you must not be evicted. Also note that there is no self-remedy to eviction actions in Kansas. So, if you refuse to move out, your sister cannot change the locks, throw your stuff out, or shut off your utilities to force you out. She must use the Court system to try to evict you from your home.
In the meantime, you should contact Kansas Department of Aging and Disability services and file abuse complaint against her for using her DPOA illegally to deprive your mother of her house. She should not have used the DPOA for her own benefits, for self-dealing. Click here for complaint information.
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