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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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realtime Aug 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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Most attorneys will give a person a free one hour consultation. We used an elder attorney when we were trying to get full financial assistance from Medicaid for my husband when changing him to a different NH. After she advised what we should do, at that time, we decided (our son and daughter-in-law) to pay her fee and let her begin all the necessary paperwork to file for assistance from Medicaid. Unfortunately my husband passed away before she had time to begin filing, but had done a lot of the necessary paper work so they refunded the balance of what they had charged from the work they had already done. Had we decided not to have her file, we would not have been charged anything for that one hour consultation. It's worth a try in your case to see if there are available elder attorneys in your area that gives a free consultation. That way you will be able to better understand what you need to do, but you need to check as soon as possible. Prayers going up for you and hugs too! From Stitchintime9
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Did Mom have a trust or a will..? They have to follow what the will says. Just recently went through this.... Mom passed away in June
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you'll never get money for taking care of mom all those years... they'll say you did it because you wanted to. They'll say you didn't have to do it... etc. etc... talk to an elder lawyer, most of them are good at what they do...
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Hell no, you should stay until you’re ready! Do have the Power of Attorney?
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Myownlife Aug 2018
If I am not mistaken, once a person passes away, the Power of Attorney is no longer valid. At that point, it is up to the Executor of the Will.
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Don't sign anything without a lawyer that is representing you and you alone.
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Your sisters will have a damn hard time getting you out of there without your consent. DO NOT move out unless & until a court orders you to. That will take MONTHS, if ever.
The probate judge will not allow the home to be sold for less than it's worth unless all 3 of you agree to do it, so don't agree.
Get a lawyer!!!
How did your sisters get access to Mom's $ to pay funeral expenses? If they were not joint account-holders with her, they couldn't legally take her money after her death until probate is begun and an Estate account is set up for Estate expenses only.
If they obligated themselves for the cost of flowers without your agreement, that's their problem, not yours.
I really hope they're not the horrible bwitches they seem to be, and they're just distressed and will soon come to understand your position. When your lawyer explains the facts, that will probably help move that along.
You should probably start looking for work, too, unless you have sufficient other income.
I don't know about TX, but in my state, housing assistance is available for low-income folks, so even if you end up having to pay rent to your mom's Estate to stay there, you might be able to get that assistance. It's called Section 8, and I think it's Federal assistance.
Love to you and your pup!
A good lawyer will be a God-send to you.
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I do not know what state your in but I answered a question like this yesterday. Its been many years since I did housing but go to the court house and see if you can file a pulpers affidavit if you can they can’t touch you. I managed housing for years and someone did this. Its not info I usually give out but I feel your pain. I fought about everything with my sister who did nothing to help. Good luck and I’m so sorry
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anonymous434963 Aug 2018
I think Aveeno means "pauper's affidavit."
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Hello Jeffreysf -

First of all my condolences for the loss of your mother. And I am sorry that you are having to deal with this especially so soon after your loss.

Secondly, your sisters cannot simply sell the house - first there is such a thing called probate - where depending what State you live in the "estate" has to go through the courts depending upon the total value of the "estate". Sometimes probate can take months, sometimes as long as a year (such the case when my mom passed away who resided in Florida and owned a house, had $$, as well as personal property.)

Thirdly, the furnishings and contents of the home are part of the estate and any proceeds when those furnishings are sold are part of the "inheritance" and are therefore split evenly of those who are named in the will.

Lastly, do talk with an Elder Law Attorney - if they can't help you do to lack of funds, then seek help via Legal Aid - there should be an office where you live. They can guide you in the right direction and perhaps even help you for little or no $$.

And do not let your siblings bully you into anything - the law is the law:

What is the Probate Process?

Probate refers to the process whereby certain of decedent's debts may be settled and legal title to the decedent's property held in the decedent's name alone and not otherwise distributed by law is transferred to heirs and beneficiaries.

If a decedent had a will, and the decedent had property subject to probate, the probate process begins when the executor, who is nominated by the decedent in the last will, presents the will for probate in a courthouse in the county where the decedent lived, or owned property.

If there is no will, someone must ask the court to appoint him or her as administrator of the decedent's estate. Often, this is the spouse or an adult child of the decedent. Once appointed by the court, the executor or administrator becomes the legal representative of the estate.

Please see the link below for an explanation of the Probate Process in 4 Easy To Understand Steps.

https://www.legalzoom.com/articles/the-probate-process-four-simple-steps

Good luck to you and don't give up without a fight!
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Your sisters are behaving badly. It's only been a little over 2 weeks since your mother passed, and asking anyone to move out within the month is unconscionable...
Yes, as others have suggested, you should discuss this first with an attorney. There are a number of legal questions that need to be addressed before anything is done, and if you've used all your savings to provide care for your mother (and your sisters') then that can also be compensated ... discuss with your attorney... Hopefully you know, like and trust the attorney who drew up the will, and s/he can guide you in these legal matters.
Emotionally, your sisters are also behaving badly and this is going to be an opportunity for you to speak up and take a stand. Do not allow them to emotionally blackmail you about selling the house so fast... that would be very wrong on many levels.
Reach out for guidance and support from a therapist, &/or an elder care attorney. Please honor your needs and feelings. While being a caregiver has meant you have probably put your mother's needs above your own, it's time to shift your focus and as uncomfortable as you may feel, make your needs and feelings heard!
I wish you the best possible outcome... and we breathe...
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Have to get to work so responding before reading what others suggest. NASTY NASTY SISTERS!. Dammit...I would call and elder law attorney and ask for a 1/2 hour consult and if you have to, ask if you could pay for it in payments or whatever. Borrow from a friend if you have to. And then if no one gives you better advice which I'm sure they will here, sue the estate (if the lawyer guides you and says this will work). Hard to know if your sisters are desperate for a quick resolution and if they need money fast or not, but they clearly have no regard for you or your well-being and especially are clueless as to what it takes to caregive. Shame on them. There is something about a medicaid rule and if an adult child caregives for 2 years I believe it is, the house is not taken because the value of caregiving saved medicaid money...don't quote me, but I know there is something there on that. Hugs to you, and for being the one who puts your pup first. You're my kind of person:-)
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cak2135 Aug 2018
Get those locks changed and a restraining order from those gunky kids
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Your sisters sound rotten, Jeffrey. Trying to throw you out right away, selling the house at low value and suggesting that you get rid of your dog? I wouldn't want any more to do with them, ever. I'd change the locks and start calling attorneys today. As someone mentioned, they do free initial consults to give you an idea of your rights and potential costs. Please watch out for yourself first and be merciless with those awful sisters--don't let them walk all over you any more.
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gdaughter Aug 2018
Oh yes! Lock changes stat!!!
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So sorry for your loss. Were you your mother's power of attorney. If so your siblings can't do anything also if you were on any of the accounts listed as owner of the property. Regarding the quick sale of the home inform your siblings that would have to take you in cause while caring for mom you used all your savings. Also inform your siblings that this is too much stress because they should be thanking you for caring for your mother instead of going after the money. I have a similar problem the difference is what my dad says to my siblings isn't documented legally anywhere. And I have six other siblings all older than I am and one that for all practical purposes belongs in a psychiatric hospital. Cause she considers you a threat she will get physical with you. She did this too my late mother the week before she died. She makes it look like me the care giver was the problem and caused more pain and suffering the final week of my mother's life. Hospice didn't know what to do my father was zero help cause she's his favorite. Good luck
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AliBoBali Aug 2018
Power of Attorney for a person ends at death. There would be no Power of Attorney for a deceased person. (Just thought I'd remind us all.)
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I have just one question for you:
Did your sister agree way back for you to take care of your Mom? Did they feel relieved because you were there and she was being looked after? Do you have any emails or letters were they acknowledged that your living there was helping your mom?

If so, then your lawyer can add up all those hours you were with her and rate it as live-in help at a $ per hour. You may have many hours of work to leverage against the house sale which may help you get paid for the work you did.

Yes, your rent was free, but the work load you carried may surpass the cost of rent, in which case the difference is owed to you from the house sale - over and beyond your 1/3rd. Check this out with a lawyer.
PS: AARP has references for legal aid too at a minimum cost.
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gdaughter Aug 2018
24/7 on call over how many years??? Where's that calculator.....going rate at LEAST $22/hr.
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jefferysf, Just agreeing with everyone else on here. Please CHANGE your locks first, and then talk to an attorney second. Those two things sound like the most important. Third, do NOT let your sisters bully you. You may want to take notes of different things they have said, proof if you have it... text messages, etc.
AND, please stay on this forum and let us know how things go.

So very sorry about your Mom. You need time to grieve... once you have your house secure with new locks, maybe take your dog to different parks and just walk and have time to think and be by yourself. It is wonderful you have a loving pet to help you through this.
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If you have no money for a lawyer either find a live in job somewhere or whatever .
Surviving while not having to pay rent in exchange for your Mom's care has paid your way .
Now you may have to do it for someone else but you must get some kind of income .
Your sisters are not working with a lawyer or are and not including you ?
While they may have to get a lawyer to get you out , then they also will take that fee out of YOUR PART of the money .
Call Legal Aid today for an appt . Don't tell them the whole story just explain you do not work ,have no income and you need help now with a Will that you do not understand and there is a timeline .
Honestly , find a way to get help but also move . You want to be sure they are honest in distribution and obviously you've not been included in original plan to sell which is wrong .. unless you are not in the Will as you say . Hopefully you have a copy of your will to take to Legal Aid . Today is the day to search for a job so you have an income and do not lose your dog . Think about it ..
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Man - how outrageous - stay in that house and tell them you will be staying there until you are good and ready to get out - and they can sell the house then.
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LAWYER NOW!
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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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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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I agree with the others. You are 1/3 executor and the house cannot be sold without your permission. Hopefully you can come to some sort of arrangement. Sorry you have to deal with the mess after the loss of your mother.
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I don't think they can legally evict you in 2 weeks. Most places its 30 days. Make sure they cant get into the house when you are not there. You will find valuables and your stuff gone. Change locks if you have to.
I thought the will and probate takes time. Not the second the person is deceased.
You can also talk to the lawyer who is doing your moms estate. I think you can challenge this.
I also think you can challenge that you were the caregiver and were useful then, but now your out in the street.
I think they are taking advantage of your naivete and hoping you will do as your told. Don't do it.
I would check to see if they have to go thru court to evict you, or a sheriff. I think you can look that up online. Maybe someone knows.
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The will should also stipulate who your mother's executor(s) is/are. If they include you, your sisters cannot sell the house without your agreement.

If they don't include you, if you are not an executor of the will, then you had better take legal advice. The sale of the house so far below market value, with your being a one-third (?) beneficiary of the estate, seems the obvious point to challenge; but you really do need professional advice.

Just being curious - what's their hurry, do you know?
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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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hi. I don't really have anything to add but I thinks it's dumb to sell the house for a third of actual worth? Why would anyone not want as much as possible ? I wonder if a real estate person could give you a ball park estimate on the property in the condition as is.

oh and sorry about the loss of your mom

and be careful when you leave the house. Do they have a key? I think someone mentioned that. But want to repeat it
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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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I'm sorry for your loss jeffrey. Have you asked your sisters what the rush is for wanting to sell so close to your mom's passing?
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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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anonymous790796 Aug 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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Dang, your post describes my two sisters. Anyway, it depends on the deed and the will. If your Mom had a Transfer on Death deed, then with her death certificate, the deed can change to your three sisters. However, like cwillie stated, they can't sell the house without your signature. Make sure you stand up for yourself.

Perhaps you can try to buy them out? It would be a cheaper house to buy since you won't have pay for your 1/3.

If there is no ToD on the deed, you three may have to go through probate, in which case you'll all need to see a lawyer for guidance. Good luck.
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anonymous790796 Aug 2018
They are wanting to sell it to the "we buy ugly houses" people and it is not an ugly home. It needs a bit of updating but that will come over time. It sits on a lot and a half and has over 30 oak trees. I'm not going to let it go without a fight! I also rescued a dog last year from "doggie death row" and my sisters want me to give her back to the shelter. That is NOT going to happen but my dog needs her backyard. I can't move into an apartment like they want me to. My dog needs room to roam and I love the neighbors here. Besides, having to pay rent is going to make things more difficult for me.
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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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