My dad had already put down that the house was to be split three ways. I know she would not have done this to her/ us so he talked her into it. How do I prove that or is he allowed to do it?
You need to see how the Will reads. Was it split 3 ways? If 3 ways, what happened to her 3rd when she passes, does it revert back to u and brother? Or was it left to you and your brother with SM being allowed to live there till her death?
Has the deed been updated to show you 3 owning it?
When it all comes down, your brothers POA only covers your stepmother's interest. He cannot sell the house without you signing off as an owner. If he has it up for sale, I would contact the realtor and tell them that there is a 3rd party involved. Title company too. That way at time of sale, a check is given to you at time of sale from the realtor.
I hope your brother has the house at Market Value. It will have to sell at that price for Meticaid if she needs it. They get her 3rd.
If it has sold, you will need to sue him for your share. Like I said, reread the wording of the will.
Your father left instructions in his will that the house, which he lived in with your stepmother, was to be "split" three ways, divided between your stepmother, your stepbrother?, and you?
Was the house exclusively your father's property? Did your stepmother not already own half of it?
Your stepbrother has a duty to use his POA to safeguard your stepmother's best interests. If she needs residential care, he can use his POA to sell the house on her behalf and use the money to pay for her care. There is nothing wrong with his doing that. If she is applying for Medicaid (or he is, for her) he may have no option. It may not have been what your stepmother would have liked in an ideal world, but that doesn't mean she'd have had any alternative even if she'd stayed in charge of her own care decisions.
If your father's will left you a share of the house, you should be able to claim that share of the money when the house is sold.
If he left your stepmother a life interest in the property, with the remaining value to be divided between your stepbrother and you, it gets more complicated and you'd better take professional advice.
Are you actually talking to your stepbrother about what's happening, or have things got difficult?
Has the deed been updated to show you 3 owning it?
When it all comes down, your brothers POA only covers your stepmother's interest. He cannot sell the house without you signing off as an owner. If he has it up for sale, I would contact the realtor and tell them that there is a 3rd party involved. Title company too. That way at time of sale, a check is given to you at time of sale from the realtor.
I hope your brother has the house at Market Value. It will have to sell at that price for Meticaid if she needs it. They get her 3rd.
If it has sold, you will need to sue him for your share. Like I said, reread the wording of the will.
Was the house exclusively your father's property? Did your stepmother not already own half of it?
Your stepbrother has a duty to use his POA to safeguard your stepmother's best interests. If she needs residential care, he can use his POA to sell the house on her behalf and use the money to pay for her care. There is nothing wrong with his doing that. If she is applying for Medicaid (or he is, for her) he may have no option. It may not have been what your stepmother would have liked in an ideal world, but that doesn't mean she'd have had any alternative even if she'd stayed in charge of her own care decisions.
If your father's will left you a share of the house, you should be able to claim that share of the money when the house is sold.
If he left your stepmother a life interest in the property, with the remaining value to be divided between your stepbrother and you, it gets more complicated and you'd better take professional advice.
Are you actually talking to your stepbrother about what's happening, or have things got difficult?
Is he also her primary caregiver?