Mom passed one week ago and I need guidance. - AgingCare.com

Mom passed one week ago and I need guidance.

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I have been my mother's live in caregiver for the last four years and sadly she passed one week ago and the funeral was yesterday. One of my sisters wanted to go back out to the cemetery today so I went with her. While there, she took that as an opportunity to tell me that she and my other sister have decided to do a quick sale and I have two weeks to get out. Can they legally do that? They want to sell the house for a third of what it is worth. The will stipulates that the proceeds are to be divided equally three ways, but I have depleted all my savings etc. so when they kick me out of my home of the last four years where I cared for my mother 24/7 when they did not. Basically, I am going to end up homeless after all this. My sister even told me to take my dog to a shelter. No way!!! I'd rather take my sisters to a shelter. Any words of wisdom from the forum?

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Sorry you are having to endure this so closely following mother's death.

Immediate term answer: you do not have to leave in two weeks because your sisters want you to leave, and the house probably cannot be legally sold in two weeks either. Even if they had legal standing to evict you, that process would take several weeks and include a court hearing. Even if your sisters own a majority interest in the house, it is not their home - that means they do not have a legal right to enter the house without your permission either. Change the locks and call the police if they try to force themselves into your home.

Longer term answer: You need to see a lawyer immediately. Who is the executor of the will? The house probably cannot be sold for several months and will require either your agreement or the agreement of a court to be sold. In my state, there is a requirement to wait six months for all claims against the estate to surface before any assets (other than funeral costs) can be distributed. Also in my state, if you leave your home and job to move in with a parent and provide their care for two years, you can get the parent's house (there's lots of other conditions) - that's one of the "claims" against the estate that could surface. You may be able to file a claim against the estate for care giving that wouldn't give you the house but would provide a larger share of the estate. That's why it's so important to see a lawyer and get help determining what your options are.

Your sisters may be trying to intimidate you into agreeing to vacate and a quick sale because they need/want some money quickly. If there is a will that's not going to happen. If the house's deed conveyed the property outside of the will, then that's still not going to happen without your consent.
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Reply to TNtechie
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jefferysf Aug 4, 2018
The executors are me and my two sisters. I have been her caregiver for four years and have depleted my savings and 401(k). My sisters depleted my mother's savings with the funeral expenses. Was it really necessary for them to purchase flowers for the grave that cost $600 and then tell me I owe a third? My mother told me that this was my house but there was never anything in writing. I live in Texas so if anyone out there is familiar with Texas law please let me know. Thank you!
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If you are inheriting 1/3 of the house they can't sell without your signature. Hang tough, and get legal advice.
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Reply to cwillie
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It’s imo not an elder law atty that’s needed but a probate attorney as whatever happens once mom dies is all about laws applicable for the deceased. Probate atty & one who does litigation.

The days of DPOA & elder law atty are over.

Whatever you do do you do NOT sign off on anything.
At a minimum they have to, HAVE TO, buy you out at 1/3 of FMV - fair market value of the property with property sold open market by a Realtor. If Will reads 1/3 division they cannot do anything but that. They cannot sell house on their own, it has to have a legal format in which to sell a property owned by your late mom. That’s what probate does. I’d bet they want you to sign off something that states you give up your heirship.....

She is trying to Buffalo you into being subservient & if you sign off for less than 1/3 of fmv your being a door mat. Not to sound harsh, but they view you as that as you’ve caregiven for zero all these years and view it as your lucky as you got free rent.

Find the last tax assessor bill and take that to the meeting with the atty. and if you can drive around and jot down all the property for sale in the area and then google what their listed for. If they have those Realtor boxes with a For Sale sheet, get out of the car and grab a couple. You on your own can’t go all nuclear on the Sisters but your atty can. & will enjoy it! Probate guys that do litigation are real Pitt bullies, the Sissies will have met beyond their match. Good luck.
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Reply to igloo572
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realtime Aug 6, 2018
She could also go on various websites --- zillow dot com, trulia dot com, realtor dot com --- put in the address of the house and use the site to identify properties for sale in the area and their listing prices.
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I agree with the others here... get a lawyer. Meanwhile I would be very careful with what you say to your sisters. Don't agree to anything and definitely do not sign anything. When they probe you just answer you need time to think about it since your mother just passed and you are grieving. Sounds to me like they are panicking and trying to get you out before they lose any more of any financial benefit they feel they are entitled to. What you do with your dog is none of their business. Sounds like they still treat you like a child.
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Reply to dolphinlover72
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I probably don't know all the facts, and I have read very good advice in the comments, but going down another track.  If they want to sell it for a third of what it is worth, and you will in fact own one third of that third, you could essentially buy the house for 2/3 of 1/3 of the value. 

I don't know the value of course, but assuming 180 (just to make the numbers are easy) that would mean your evil (and yes, they sound evil to me) sisters want to sell it for 60.   20 of that is yours, so you could buy them out for 40, less than one fourth of the value.  And less than one fourth would apply no matter what the real value is.  While your sisters are evil to push you into this, is there a way you could make lemonade out of lemons in this case?
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Reply to Karsten
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Like said, no sale until probated and no realtor in their right mind would take the house on when there r family problems. And if they hire a realtor, make sure you tell them why they can't sell. I know, you can't afford it but you need a lawyer. Let them try to evict you. There will be a court hearing and you can plead your case. Hopefully, you can prove you cared for Mom and that savings are completed because you weren't working. SS records will show u weren't working.

So sorry about Mom and what you are going thru. You know what they say "No good deed goes unpunished"

Keep us updated.
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Reply to JoAnn29
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LAWYER NOW!
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Reply to Cherrysoda
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Get a lawyer.
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Reply to Sharky
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I am so sorry. If the house is in your name they can't do anything. If it is in your mom's name there is a process and the sale can't be done too quickly. Get advice from an attorney. I am sure one consultation will be free or of little cost.
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Reply to Kimhoos
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I also wanted to say I'm sorry you are going through this. What a slap in the face to have to deal with this so soon after a death and funeral.
I believe probate takes a long time. Find out in your state.
There are free lawyers advice forums you can ask online. Try to find one in your state. Of course they will only offer a bit of advice. They will tell you hire a lawyer too.
Your dog is your dog. Your siblings don't have the right to tell you what to do. There are apartments that take dogs. I lived in one.
I know what it is like to have the vultures swoop in. They are hoping you won't push back. Stand up for your rights. You could have said no to the price of the flowers since you weren't asked before it was bought. I have a feeling your siblings do what they want and expect you to go along with it.
If they send anyone over to look at the house you don't have to let them in. Make sure siblings can't get access either. Keep us posted.
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