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My brother died. I have been trying to get my mother away from my brother for many years. She and my cognitively disabed sister refused to leave the home. I was banned from the home while my brother was alive because I called the Department of Aging regarding the conditions my mother and sister were living in and the neglect of them both. Now, my brothers ex-wife is trying to put my mother and sister out of the home. My brother left no will, so she says, and the house is in his name. She has access to their finances and I believe that there has been abuse, neglect and financial abuse. Both my mother and sister cannot read or write. My sister called me in tears telling me that my ex-sister in law has made arrangements for them to be placed out of the house. My mother has a bruise on her face that goes from the top of her eye all the way down to her neck. I asked the police to go and do a wellness check and now this woman who is not related to anyone is trying to put my mother and sister out of my brother's home. I am recently divorced and do not have a place of my own to take them. How can I prevent her from doing this until I can find them housing?

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Thanks, Freqflyer! I need to remember to look at profiles!
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Reply to ParentingTheOld
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I don't see where there is a daughter mentioned. And is the "ex-wife" really the widow? I can't see why an ex-wife would have access to your mother's and your sister's finances.
Was your brother their official guardian?
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freqflyer Jun 9, 2019
Oh, the daughter is mentioned in Momsistercare's profile. Just click on Momsistercare's screen name to get to that section.
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If she is the EX wife and there is no will then the house is not hers at all unless her name remained on the deed. If she was co owner of the house then it is. You cannot possibly negotiate ANY of this until you see an attorney. The daughter, if the wife is not on the deed, is the owner, but with her impairment there will have to be a court provided guardian almost certainly. You could see an attorney to attempt to be appointed her power of attorney but I am telling you to think well upon that because it is a nightmare you cannot believe. Good luck.
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Reply to AlvaDeer
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Momsistercare, so sorry about the passing of your brother.

Since the house was in your brother's name, chances are the house will go to his daughter, since your brother and ex-wife were divorced. Unless the ex-wife can prove that she helped finance the house when purchasing and/or with mortgage payments, unless all of that was worked out in divorce.

Is this correct, that it was your brother who was caring for his mother and his sister? I assume the ex-wife wasn't in the picture helping due to the divorce. Or was she still helping out? If not, one has to think that the ex-wife came in to help until other housing could be found for your Mom and sister.

I see from your profile that your Mom is 95 years old. At that age, bruises are common due to falls. There isn't anything that APS can due, especially if your Mom is still sharp for her age.

My own Mom would have such bruises on her face, yep yet again another fall. One time she hit the dresser on a fall according to my Dad, another time she and Dad tumbled down the stairs, and the final time was when Mom hit her head on the kitchen counter. My Mom refused caregivers or any strangers in the house. My hands were tied as both my parents didn't have dementia at that time.

Hope you can get everything worked out for the best interest of your Mom and sister.
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Reply to freqflyer
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You need to call Adult Protection Services to halt this. The ex wife has no rights. Without a will, someone has to go to Probate and become an Administrator of the estate. This will give u excess to his finances and be able to deal with creditors and banks. Yes, you will be responsible for seeing that bills are paid, etc. In the end, the court will decide who is his closest relative, which is the daughter. If the house is brothers, then she probably will get it with whatever money is left. But, neither she nor her Mom have any legal standing at this point.

In my state, you have to wait 9 or 11 days after death to file papers as executor/Administrator. In the meantime u need APS in there to halt what ex and daughter are trying to do.
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Reply to JoAnn29
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They will have tenants rights so she can't force them out without a proper eviction, which should buy you time. Generally when someone dies without a will there will be laws in place that determine who should inherit, no doubt his legal spouse has a right to his property.
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Reply to cwillie
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JoAnn29 Jun 9, 2019
Wife is an ex. The daughter is the closest relative.
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