Getting cousins out of aunt's home. Am I wrong?

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deedee1471 Asked May 2019

Getting cousins out of aunt's home. Am I wrong?

I have been caring for my aunt in my home for the last 8 months and her two sons were to leave her property so I can sell it ( I did give them 6 months). They are acting as they are not leaving now. Am I wrong for starting a court action against my cousins on behalf of my aunt who is the owner of the property and still paying maintenance fee while they live there for free? I do also have a POA (power of attorney).

Elder Abuse Elder Law Power of Attorney (POA)

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score 3 · Answer 1

One option might be to start clearing out the house. Sell the fridge and the washing machine. Move on to the TV then the beds. It is a lot less likely to run into legal problems than going for the house straight away. For your nephews, starting legal action over a fridge is not economic. And they will be paying the legal bills, not you.

This of course assumes that your POA is good and that your aunt is on side. Are you also executor of her will? Has she specifically left the house to her sons? Does your aunt need the proceeds of sale to pay for care in a facility? Just make sure that this isn’t about a relationship problem between you and your cousins, and that you look good as well as exercising legal rights.

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score 2 · Answer 2

Does the POA specifically give you permission to sell the house?

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score 2 · Answer 3

I would obtain legal advice from an Elder Law attorney before selling any property on behalf of another. There could be legal or financial consequences that you haven't considered.

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score 4 · Answer 4

What does your Aunt say about it?

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Getting cousins out of aunt's home. Am I wrong?

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