My mother owns two houses about 1/4 mile from each other. About 5 years ago we made a living arrangement to have Myself wife and two kids live at one of the homes. In lieu of paying rent we assist her with her daily chores, errands, etc.
She's elderly and has several health issues. Two years ago she was diagnosed with chirrosis of the liver. About six months ago her condition worsened and she assigned my brother to be Power of Attorney for financial purposes in the event she became incapacitated. Six weeks after my brother served me and my family wth eviction papers. My mother knew nothing about this and was very upset. She told him to stop the eviction asap. He said he did. However i recieved another notice of the eviction and he sent four notices, three of which were in public view and another he sent to my wife's work, where personal mail is first inspected prior to delivery to the employee. I informed my mother an she again told him to stop and that i was to remain living at the property. He brushed it off and again did nothing. During this time her health was getting worse. She said she would revoke the POA if he didnt stop the eviction. On Oct 1, 2013 she sufferred a severe hemmorrage of the asophogus and nearly died. She was released afer two weeks and sent home. We are her full time caretakers so it was extremely important he abide by her request as 24hr care was needed. She lost some ability to communicate properly at this time but was NOT incapacitated. A few weeks later a nurse ordered herback to the hospital due to her looking jaundice. She was admitted for more tests. Her condition worsened. She had told me to ignore any notices because she was not evicting me and said not to worry. A week later i got a 5 day notice from the sherriff to vacate the property due to a default judgement in court. I told my mother in the hospital what occurred and she was furious. While there my brother visited. She ordered him to stop it again and he told her "no". It's too late and te sherriffs would be there in a few days to remove us. She told my aunt and other family members what SHE wanted and to tell him. A week prior she also wrote a written statement with the details and signed it. On November 20, 2013 the sherriff came and evicted us. I went to the hospital to inform my mom and the nurse said she became very sick and was sleeping. I couldn't wake her up as she appeared to have taken something to make her sleep. I never seen her in this condition. The sherrif said ifshe could go with me to the police dept with id tha could stop the eviction. That was impossible since she was extremely ill. He's now trying to clean up and sell the house. Now my mom is in a semi coma state and has been sent to a hospice facility. She has only days left and is now incapacitated. She never had a chance to revoke the POA and now she's dying and were homeless and staying with friends temporarily. The whole family is shocked and disgusted at the timing of what he did. Heartless and cruel to say the least.
I'm set to inherit 1/3 of the house i was just kicked out of when she dies. I'm listed in the will and the family trust as a beneficiary to inherit this plus two other properties she owns. Being that i'll own 1/3 of the house very soon, what rights do i have? She's still alive but in a coma state....Please help.
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You are advised to obtain the services of a probate/trust litigation attorney to sort through these issues and start the necessary conservatorship proceedings of your mother and her estate immediately.
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I certainly agree with Victor. You can not solve these problems on this forum. You need to immediately hire counsel with espertise in trusts and estates.
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