QUESTION
How do I stop my sister from selling the house my 90-year-old mother is in?
Asked on Sep 15th, 2013 on Estate Planning - Michigan
More details to this question:
Several years I was informed by my parents that their estate was split 50, 50 between me and my sister and a will existed. We were to take care of our own children with the estate money. My sister has slowly taken over and I think they transferred the house to only her 5 years ago. When my father died 2 yrs I was excluded from any, all info and there was no will. My sister has the put the house (2 families) on the market without my mother or her telling me so that I cannot go for half when my mother passes. There is no mortgage and is set up for my mother who is 90 and is sometimes clear and sometimes incoherent yet she backs my sister refuses to give me any info, she’s blind and can hardly hear so there are bars everywhere to hold on and the bathroom was done for her). What can I do to gain control, stop the sale and get reverse so my mother can stay in the house with care and contest the change? My father bought the house so we all would have it, our kids too.
12 ANSWERS
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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You will have to file a case in probate court and have a judge look at the situation.
Answered on Nov 05th, 2013 at 3:10 AM
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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I'll just say this once: You need to retain counsel. There are serious issues here which cannot be answered on a website such as this. Don't waste any time, hire a lawyer NOW.
Answered on Sep 18th, 2013 at 4:41 AM
Contact a local authority on aging or seniors. They should be able to help you determine if your sister has exerted undue influence on your mother or if your mother is being taken advantage of. If your mother is no longer competent, you can petition a local court to be named her guardian and conservator. You would then be responsible for your mother's well-being and financial situation.
Answered on Sep 17th, 2013 at 7:20 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You can petition for guardianship but must prove that your sister is abusing her position with your mother. She may be doing that, or she may be selling the house to come up with money to pay for your mother's care. There is no guarantee you will win.
Answered on Sep 17th, 2013 at 7:19 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Obtain the services of a probate litigation lawyer about filing a conservatorship on your mother and her estate, and have yourself appointed her conservator, after that you can obtain a court order to prevent the sale, among other matters, and you will need to compel your sister to come to court to account.
Answered on Sep 17th, 2013 at 7:13 PM
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Hire an attorney ASAP and get a conservatorship over your mother.
Answered on Sep 17th, 2013 at 1:25 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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You have a very tough situation. It is not clear HOW your sister has control, so it is tough to know where to start. If your parents changed their estate plan to provide solely for your sister, and if they had the capacity to do so, then there is little you can do. It is possible that there were reasons for this, which you would know, but did not share. It is also possible that your sister totally took advantage of the situation and is now making bad decisions. What is clear is that you cannot handle this on your own. Your options are limited, and if your sister does not agree with you and cooperate, which sounds unlikely, the only real choice you have is to try to go to court. It may be that your sister has full control and there is nothing you can do. It may be that your sister has control of the assets, but the court could decide to give you guardianship/conservatorship over your mother. You need a lawyer to assist you with this, both in terms of investigating what has been done, as well as to determine how best to attack it, if that can be done. Unfortunately, it is likely this would be a contested matter and your sister will make it very expensive for you.
Answered on Sep 17th, 2013 at 1:25 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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Hire a lawyer. Get a title report so as to determine if a petition will suffice or a complaint is required.
Answered on Sep 17th, 2013 at 1:24 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Contact Adult Protective Services for your county.
Answered on Sep 17th, 2013 at 1:23 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You need to see an attorney with the details. It is you mothers house, and no one else has a legal right to it unless granted by her, or through a will or probate after she dies.
Answered on Sep 17th, 2013 at 1:22 PM
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You need to consult an attorney and see how the title to the property is held. You also want to see whether you should petition the court to establish a guardianship.
Answered on Sep 17th, 2013 at 1:22 PM
Consult with an attorney if the sale of the house is not your mother's wish.
Answered on Sep 17th, 2013 at 1:22 PM