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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 23795
Experience:  B.A.; M.B.A.; J.D.
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I have been on disability 20 years my dad and mom owned the

Customer Question

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
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: kansas
JA: What documents or supporting evidence do you have?
Customer: papers from 2 of her lawyers and 3 lawyers I had
JA: Anything else you want the lawyer to know before I connect you?
Customer: my mom is or has been trying through her lawyers to get the house back
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  Phillips Esq. replied 4 months ago.

Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 4 months ago.

I am so sorry to read about your difficulties.

Kindly note that I just came across your post. I do not have control over the question list or the promises made to you by the site as to the response time. I am just a site user just like you. Nonetheless, I apologize for the delay in response to your post.

Kindly give me a few minutes to prepare my response.

Thank you for your patience.

Expert:  Phillips Esq. replied 4 months ago.

Your Question:

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.

Best wishes,

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0in;line-height:12.5pt">A 5-star positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating. However, that is how I get paid for answering questions on this site. <p style="margin-top:2.5pt;margin-right:0in;margin-bottom:2.5pt;margin-left:
0in;line-height:12.5pt">

Thank you for your cooperation.

Customer: replied 4 months ago.
ok this happened a year ago After my sister got the DPOA with my moms signature then opened the separate joint account with my mom again, my mom was advised of what was happening her signature was needed for the joint bank account and then my sister used the DPOA pulled the money out of my parents old bank account then a few days later my sister claims at my moms request go to the old lawyer who drew up my moms will in april with me as first beneficiary My sister claims it was my moms idea she wanted to sign the house to my sister being my disability and my moms age and physical issues neither might not be able to physically be able to take care of the house About a month before she signed the house in lawyers office in july my moms doctor with a request of my sister, a CMA had a brain scan to see how my moms brain looked being 2 years earlier my mom had 2 mini strokes which did some damage to her memory function A day before my mom signed the house to my sister the test results did indicate the 2 mini strokes id effect her memory a little But the day my sister took my mom to lawyers office to sign the house over, the lawyer did the standard compentncy test explaining to my mom asking her why she was there why she was wanting to sign house to my sister and why she didn't want me to inherit the house if she died My mom don't remember signing the DPOA the joint bank account or signing the house to my sister A month later after revoking my sisters DPOA after we discovered what my sister did my mom wanted to revise the 1st will we had done in april and remove my sister out of my moms will The lawyer advised us my sister told him my mom was diagnosed with cognitive impairment and I needed a doctors signed proof my mom didn't have a impairment before he could revise my moms will and my mom had signed the house to my sister in july My mom never told me she signed the house to my sister I actually think my sister talked my mom into this being at that time it was easy to convince my mom being my mom trusted my sister The last letter from my sisters new lawyer told us my sister don't mind my mom living in the house but didn't want me her brother who is on disability to not live in the house but my sister is willing to sell the house to us at fair market value Selling my mom the house to her was the only way my mom can get the house back [she knows we both cant afford this] We have retained a lawyer paid a 5000$ retainer to get the house back something we really cant afford easily My sister lives 50 miles away has no business doing this After I took my mom to get my moms money out of the joint account my sister filed a complain to KDCF that I had coerced my mom to withdrawl my moms money out of the joint account for my gain All this was proved false
Expert:  Phillips Esq. replied 4 months ago.

Thank you for the additional information. My previous response stands.

Best wishes,

A 5-star positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating. However, that is how I get paid for answering questions on this site. Thank you for your cooperation.
Customer: replied 4 months ago.
not too helpful sorry, but I gave u more details what has happened so u know the WHOLE story and all answer I get was a pre recorded reply? BTW I did inform DCF but all they have done is drag their feet in 3 weeks is talking to my sisters 1st old lawyer then he informed her new lawyer to send me a eviction notice and she tried to cut off my internet showing her true hand What good is informing the dept of aging and disabled when I have a lawyer and DCF helping me now? wont they contradict each other and make the situation worse?
Expert:  Phillips Esq. replied 4 months ago.

I am sorry that you feel that my response is not helpful. However, I can only provide response based on the current state of the law. I will opt out to give another Attorney the opportunity to further assist you.

Customer: replied 4 months ago.
your 2nd response was not helpful after I gave u more detailed info to help u Your 1st answer was good but vague