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My father had alzheimer’s and was 95 years old. His caretaker that he had for over 8 years took him to banks and convinced him to give her money once his mental health was declining. I had POA and I own the house he once lived in. I tried to evict her when he passed, but with covid eviction was not allowed. Once the eviction ban was lifted, I gave her an eviction notice. I gave her six months, after that two months, after that 30 days. They told me she has 5 days to contact them about the eviction or going through to fight for ownership of the property. She contacted them on the last day to say she is going to take me to court to fight for ownership of the property. It has been 75 days since then and I have an unlawful detainer on her now. I have seen over 10 attorneys who have been no help and have said she now owns the house for how long she has stayed there. She took over $100k in funds by confusing my father that he owed her money and taking from his belongings. She has taken money from my kids' futures and the house my daughter could’ve lived in when she had her first-born child. Last time I talked her, she told me she was the only real daughter he ever had. This woman is crazy.
What do you think I should do?
Thank you.

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Here's what I would do. And just because 10 attorneys told you no, doesn't make it so. Most are after the money and they may not see it as a money-making claim.

First, you need to know what the squatters rights/laws are in your state. In Texas for example, if you let them stay there for 10 years or more, they have the ability to claim the property. So if you're under that timeframe, then keep going.

Second, call the police and work to have her removed if you have the proper eviction or contact eviction specialists. Again, because I'm in texas, places like these can help: https://www.texaseviction.com/

Third make sure you have the deed to the property and that the local tax board has you on file as the owner.

Fourth, file a elder abuse complaint about her and gather up the paperwork to show she took advantage of your relative. You need to be as mean and aggressive as she is.

Next, call the TV stations and tell them you have a great story that could happen to anyone, then ask to be interviewed in front of the house.

And keep going. She's most likely on social media. Find out all her fb, instagram, etc. accounts and outline what you just did here on all of her accounts. If she works for an agency, make sure you file a complaint against the agency. Also turn her in for tax evasion. She took money from your relative and most likely did not pay taxes. If she is taking possession of the house, same thing. Cozy up the tax man and they will make her life a living hell.

If she has her own business or if she works for an agency, post the worst reviews you can. She most likely needs to work, so find out where she is working and let them know what she did. But don't go over the line.

Keep fighting. Yes, she may have bonded with your father, and he may have spoken poorly about you to her because of his condition or feeling like you should have taken care of him (you didn't have to and shouldn't), so she might feel entitled, but I've dealt with these kinds before. They are low-life scum so you have to fight at their level. good luck
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my2cents Feb 2022
From what I understand adverse possession in Texas refers to land, not a house. For example, you put a fence on my property and I say nothing or do nothing to correct it for 10 years. You can request ownership via adverse possession, however that won't mean you get it. A number of factors provided by the real owner could negate your claim.

A house given to someone in a will can be transferred to that person by deed via probate or by transfer on death deed. The owner of property can start eviction process. (Slowed down when evictions were stopped during covid in 2020 and recently allowed again). May take some time, but you can't just squat in a house and get to keep it.
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There is no such thing as a "common law" daughter/heir, as she is claiming. She was a hired employee who has turned into a squatter in a home your father didn't own. You need to act swift and hard on this before you lose more of what is legally, morally and rightfully yours. Consult a lawyer specializing in elder abuse. Get organized...your father's will, the bank records, her salary records, your mortgage title, property tax payment records. Get a full background check on her. The POA ended at his death, but show you had it. What name is on the utility bills? She can not change into her name without a death certificate, if then, so you control if the lights stay on. Consult those companies if you can disconnect power/water, then do it prior to getting her out. Get a final 30 day eviction notice served by the sheriff's office while you are suing her for elder abuse, (doesn't have to be physical) fraud, mental anguish and trespassing. She is threatening to sue you?? That's a smoke screen, tell her to bring it on and dig your heels in. DO NOT personally speak to her at ANY time, the suit will have lawyer contact. She is hoping you will give up. You are dealing with a shameless opportunist. Get her out and get the house on the market. Stay strong.
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If you own the home, you need to go there and just move in. Have a locksmith on standby. The minute she leaves the home to get groceries or gas or whatever, give him a call and have him change every lock to every entrance into the home. You have to fight dirty with someone like this.

At that point you can never let her back into the home under any circumstances. You are going to have to install a security system so that should she try to break back into the home, you can call the police and say there is a break in.

Pack up her things and give her a date and time that she can pick them up from the curb. Explain that she has so many days to pick up her items or they will be disposed of.

Flip the script! Put the burden of proof and the burden of a lawyer on her.....
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LittleOrchid Feb 2022
This would not be a wise move. Tenant laws are different in every state, but one thing that is the same everywhere is that a resident in a home has some rights. You could end up in serious legal trouble if you were to break into the house and remove the resident's belongings. It is necessary to prove ownership first, then get a court order for an eviction, then have the sheriff's department do any necessary physical removals. The burden of proof is on the person trying to end a residency, not on the resident. An owner's rights are very much limited by the rights of the resident. (Those of us who have owned rental properties are often frustrated by this fact.) Normally a caretaker would not have the same rights as a renter, but this situation has really been muddied up.
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Squatters don't get deed to a home just because they lived there. Who has paid taxes on the home all these years? If it's your house, you probably have the receipts for the tax payments. You have a deed in your name, right? Or....do you just have a will that left the house to you and no transfer of deed yet? If you have atty's telling you they won't help you, maybe there is more info that is not in your post.

Continue the eviction process. Even in an eviction, the evictee gets to tell their side of the story and the judge makes a decision. Covid probably slowed down all those courts with the backlog of evictions that could not take place for so long.

Do you have any medical proof of about when dad was diagnosed with his dementia? Any money w/drawn after that date by her would be questionable. Not necessarily illegal if he was with her at the bank, but questionable enough to establish a pattern of increased withdrawals and financial abuse of an elder.
There is also the chance that she had him do a new will or other document leaving things to her.

I do have to ask, if you had POA over his affairs, why didn't you shut down the bank transactions immediately? Why didn't you start an eviction on her when she began stealing dads personal belongings. Just curious about the events when she became a financial problem to him.

If you have the deed to the house - you might want to see a house investor who will buy your deed directly from you and then it becomes their problem to get her out of the house. You are losing money every time you see a lawyer and filing fees/court fees while continuing the eviction. At least with investor, you get something.
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I would speak with a title insurance company to find resources.

I do not think this legally falls under adverse possession.
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saramariel: Imho, since ten attorneys have been involved with this issue, perhaps the attorneys have seen an important document that you've not stated in your post. Something seems amiss.
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OP HERE! want to say thank you to everyone’s replies it’s very helpful. This post was written by me, the granddaughter of the victim. i am speaking behalf on my mother for this situation. i see how the stress of this situation has taken a toll on her mental health and i want to help and learn as much as i can. Yes there is a lot missing because i have not been the one handling this , it has been my mother. My mom is older and doesn’t know she can ask on forums so i thought i would do it for her, i have passed on the info to her and she feels hopeful with learning all the different paths we could continue on. We are not bitter about the money or her owning the house that was for my sister or me when i am ready to start my own family. it’s the fact we really did trust this woman and gave her many chances. we did not know the amount of money she took until my grandfather was long passed on. i know it is hard to believe that so many people have not wanted to help but just like @livingintx said attorneys can be uninterested due to not gaining money from the situation.
I feel terrible for my grandparents being taken advantage of and how the stress has taken a toll on my mother. i really do appreciate all the replies and have not been gone i read everyone’s comments and write it down in my notepad. thank you all so very much and me and my mother are far from giving up on this fight!
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When you ask, "What do you think i should do?" I hope you mean which path you should take: continuing on or give up -- because if 10 lawyers couldn't help you I'm not sure what legal advice you think a global forum of anonymous non-lawyer participants with no accountability can give you. You don't say in what state this is taking place. I am truly sorry for this nightmare but if you haven't already you need to find an attorney who has experience with this specific issue. Other than that, I don't know what more you can do. You still need a lawyer. I wish you success and peace in your heart no matter the outcome.
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If more than ten attorneys have all been of the opinion that the former caretaker is now the legal owner of the house, they must have some important piece of information or documentation that the OP has not shared with us. Like, real estate deeds, or a will, or something conveying title of the property to the former caretaker.

You can see the duration of her residency making eviction proceedings lengthier, more painful and more complicated, but it wouldn't give her *title* to the real estate.

It seems improbable that attorneys of all people would just throw up their hands and turn defeatist, doesn't it?

Saramariel, when you say you own the house that your father once lived in: do you mean it was always your house and you allowed him (with caretaker) to live there, or do you mean that now he has passed away it has become yours because you inherited it from him?
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BluSky1 Feb 2022
I look at this like I do my tenets in my rental home. After the lease expires it goes month to month. Last time I needed to get rid of a tenet I simply went onto the county website and file a 30 day eviction, then printed the tenet instructions. This had to be posted on the door of the property for 3 days.
Then 30 days later their stuff is moved out in the street with them in it.
Unless there was written agreement possibly like trading her services for equity in the home. A Medicaid filing?
I agree with others, you need to get your ducks in a row and prove current ownership, then eviction process or elder abuse attorney.
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I would break in and have the locks changed, the furniture removed and all the utilities disconnected (all on the same day). You will need to know her schedule, so you might want to hire a detective.

I would go to the tax assessor's office to make sure I paid the taxes and that my name is listed as the owner.
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