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.
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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.
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?
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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!!
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.