Follow
Share

I share a 3 family house with my parents who live upstairs. Mom has cancer and dad is aging. Dad was served papers by my sister who is asking for guardianship and all their real estate and financial assets. I have both POA and health proxy which my sister is contesting. Basically, she want's to take over all their assets which are still in their name. what can I do to not only protect myself but their interests? building is in my name as a life estate. Their finances are in my father's name but have me and my sister as the beneficiaries. She is demanding that all their income including rental income which they collect from their 2 and 3 family house be turned over to her.

This question has been closed for answers. Ask a New Question.
Find Care & Housing
I would not move out and let a "greedy cow" look after my parents! She hasnt got a legal leg to stand on!

You have POA get yourself a lawyer and as you dont state your parents "mental state" surely they have to decide who keeps an eye on thier estate?

She deserves a kick on the butt and a slap on the face to wake her up to the real issues like youre parents future care!!
Helpful Answer (4)
Report

You definately need a lawyer. I am not sure how she to managed to get a court allowing her to petition for guardianship without documentation stating that your parents are incompetent. If she is a greedy as you state, the courts will see her for what she is and she will be "up s_ _ t's creek without a paddle", with a huge legal bill as her life preserver!
Helpful Answer (2)
Report

You need a lawyer and fast!
Helpful Answer (1)
Report

In my state the person that holds the POA will win guardianship over anyone else except in extenuating circumstances. It is the law. One thing you may want to consider is hiring a geriatric care manager to come in to do an evaluation of their mental state and cognition. I petitioned the court for impartial third party guardian because sibling is #1 on POA, I am #2. Sis was just not doing her job, but wanted this to look like vindictiveness on my part by nominating myself. Sib then filed a counter petition nominating herself which she found out looked vindictive. In mediation we settled on impartial third parties.

Get yourself a good attorney who has significant portion of their practice litigation. You with POA can retain an attorney at folks expense if the action is protecting their best interest AND following their desires and wishes. A good place to check into attorneys is website AVVO where you can ask questions, receive responses, see how much of their practice is litigation and ratings of the attorney by peers and clients. Do not waste money on an attorney not well versed and experienced in litigation, you would have to start all over.
Helpful Answer (1)
Report

Oh my God what a greedy cow! Is she ever going to discuss helping with thier care????
Yep get a lawyer and quick!

My sister was trying to buy mums house behind our back with no thought for the fact that mums house will be the only asset towards her care i will have this out with her when this is all over.
Helpful Answer (0)
Report

She needs to be served papers, if she proceeds she should lose and have to pay your attorney fees as well
Helpful Answer (0)
Report

She want's to take over all of their assets including my home and have the right to sell it and move them into a nursing home. She even want's the right to tell them who can visit them at the home. I think she has lost her mind. I will petition the court to have her psychologically evaluated.
Helpful Answer (0)
Report

It does sound like she has lost her mind.

What is the status of your parents' minds? Are they cognitively impaired? Either of them have dementia? Have doctors ever determined that one or both of them are not able to act in their own best interests?

I can't imagine that any court would grant what she is asking for, but that doesn't mean you don't have to be prepared to fight her in court. Do you have an attorney to represent you? Do your parents have an attorney?
Helpful Answer (0)
Report

This question has been closed for answers. Ask a New Question.
Ask a Question
Subscribe to
Our Newsletter