Mother has alzheimer's, stepdad to sell home willed to me

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Latest post 05-25-2011 3:48 PM by LynnM. 2 replies.
  • 05-25-2011 2:53 PM

    Mother has alzheimer's, stepdad to sell home willed to me

    My mother has alzheimer's, she is under a doctor's care, unable to make decisions. Her health has deteriorated over the last 4 years with memory loss and health issues. My stepfather has guardianship over her, he is attempting to sell a family home and 14 acre property I lived in from 1995-2009. I was evicted by him in his efforts to take control of the property. I should have fought this at the time, but it was causing so much family friction that I relented and bought a house in town.

    They live in a separate house and have a vacation home and property out of state in addition to the home and property in dispute.

    My stepfather has posted an asking price at 65k under assessed (county tax records) value. Mom and he have a prenuptual & separate finances, she is sole owner on title to property. I am sole inheritor of home and property in her will.  I have tried to reason and work with my stepfather but he is intent on selling the property. I also have suspicions that he is using her pension, savings, retirement and social security funds for purposes other than my mom's needs and her half of the bill payment.

    I have been told to dispute the guardianship and file for guardianship. I have been advised that his sale of her property is in violation of her prenuptual and will that was made before her alzheimer's destroyed her mental capacities. I have been advised that my stepfather's actions are considered tortitious interference. But I need advice on what to do right now, file a motion with the court, file papers with her attorney, file papers with the real estate firm handling the sale?

    I have 2 weeks to intercede or this sale will go through. I need legal advice on what I can do to prevent this sale in accordance to what standing I have as her only son vs. his guardianship and spousal standing. Please advise.

  • 05-25-2011 3:22 PM In reply to

    • Kivi
      Consumer
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    • Joined on 01-01-2005
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    Re: Mother has alzheimer's, stepdad to sell home willed to me

    You need to consult an attorney. Nothing that you have posted here will lend itself to DIY legal help.

    Ask about recording a les pendis against the home and any other titled property that she owns.. To to that, however, you will need to intitate some kind of court proceeding as a les pendis generally means that there is a law suit pending involving the property. 

    If there is a les pendis recording against the property, that  should put the kabosh on any sale because no title company will insure "clean title" in the face of one.

     

  • 05-25-2011 3:48 PM In reply to

    Re: Mother has alzheimer's, stepdad to sell home willed to m...

    1. There is no such thing in US law as "family" property. Who owns the house? That is what matters.

    2. Wills mean nothing until the testator dies. You have no right in property owned by someone else simply because they intend to leave it to you when they die.

    3. If there is a question about stepdad's legal ability to act on Mom's behalf get a lawyer NOW to get an injuction against the sale until the matter is resolved.

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