My husband's grandfather's caretaker feels entitled to the home he bought just before he died.

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My husband's grandfather passed away a year ago. Grandpa had his legalities pretty much in order however, the caretaker that was hired due to his (dementia getting worse) now feels entitled to his home (she cared for him maybe 2-3 yrs up to death) that he just bought a couple years before passing. She still lives in it and my husband will now be going to court to see if her case holds any water. She let grandpa put the home in her daughters name, has also refinanced the home and we've no clue what happened to the money. I know the only way we'll be able to know if her case holds any water is to wait til' court but my husband is losing hope. We never even knew this transaction with the home being put in the caretakers daughters name happened. Should my husband be worried?


I guess the question comes down to whether Grandpa was legally competent to buy a house and sign it over to someone else at the time he did it. What kind of documentation is there regarding his dementia? Who held POA?

What is your husband's attorney saying? What grounds is it being fought on?
It's as if nothing can move fast enough. I've hired attorney's in the past and it stinks when you have to do some of the leg work for them in order to get the ball rolling. Grandpa was diagnosed with dementia and I think at this point the attorney will have to get the documents from the physician who treated him. The reason she was hired was based on the fact that his illness was getting worse. POA is my husbands uncle who lives 3-4 hours away. He doesn't seem to be real involved in any of this so it's the attorney's who have been dealing with my husband instead.
I wonder if the son who had POA was aware of what was going on with the house at the time?

Who will inherit the house if the courts find that Grandfather was not competent to give it away or that it was done under duress?
There was nobody set to inherit this home in the will. My husband tells me the attorney's have put in a request to have the home be sold (court date is set in January) and the $ from the home is to go into the trust. A will hasn't even been read yet due to this home still being one of the "loose ends" to be tied. The caretaker tells everyone "he" (grandpa) wanted her to have the house. Grandpa as I said had dementia and had it for about a yr before she came along. That's the only reason she was even hired to begin with. He was becoming forgetful, falling down, wasn't able to even cook for himself anymore. During that time she also acquired a new car that have handicap plates on them. She still has the car.
It is too bad there wasn't a family member with POA authority keeping a closer watch on the finances while Grandpa was alive.

Again, I think this boils down to whether Grandpa was competent and whether he made his decisions without duress. Many people who can't cook or look after themselves would still be considered competent to handle financial transactions. Whether Grandpa was or not is (I'm guessing) the issue to be decided/proven.

If Grandpa bought a car and put it in the caregiver's name, then it is her car; if he put his house in her daughter's name then it is her daughter's house and she can (for example) take out a mortgage on it and use the money for anything she wants -- UNLESS for any reason your grandfather's actions were invalid.

I don't see that you have any choice but to await the court decisions.

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