My Dad is about to move into assisted living. He has a trust in place, my sisters and I are his successor trustees. We petitioned for guardianship and conservatorship and was awarded temporary conservatorship with a 3rd party guardian. His wife has cognitive issues and does not want any of us to help him at home, so he is staying with me until he goes into AL. In addition to cognitive issues, which are not diagnosed professionally, she has manipulated our Dad, stolen money, mismanaged his medications, and used undue influence to cause my Dad a lot of financial hardship.
He has maintained separate finances and there has never been comingling of funds or assets with his wife. So there is a clear delineation and a court order that provided for my sister to inventory all his personal items, furniture and family heirlooms, etc. and account for them, and she has done this. He owns 78% of their home through his trust and she owns the other 22% with her trust, so again, they maintain separate ownership stake.
Now that he is going into AL, we feel the urgency to gather all his personal items, some of which are now missing/stolen, and remove them completely so there are no more ties to this person going forward. Further, my Dad can furnish his new room with his 'stuff'.
We are scheduled for this Saturday to get some of his items and at that time we will bring it up that we intend to come get the rest within a few days afterwards. We live in New Mexico, and I am wondering if I will need the sheriff to facilitate this, if the current order will suffice or how we intend on extracting his items form their home.
Secondly, we will need to sell the home so he can afford his care. Am I able to force her to sell? Their trust speaks of death and remaining in the home until each other pass, but not assisted living.