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