Can step mom sell house if dad made a will?

[churchto]

Michigan,

My father owns his house free and clear. He inherited it from his parents. He was married 3 years ago and has been declining with a case of Alzheimer's since then.

He and she went to a lawyer after they were married and he made a will. His will states that he wants to leave the house to me and give her a life's lease.

Now that he is in a state where he can't make decisions she is trying to sell the house and buy a condo instead. She hasn't put the house on the market yet but she is making her intentions obvious.

Can she sell the house? Is there any way I can protest legally?

 

[Zigner]

Michigan,

My father owns his house free and clear. He inherited it from his parents. He was married 3 years ago and has been declining with a case of Alzheimer's since then.

He and she went to a lawyer after they were married and he made a will. His will states that he wants to leave the house to me and give her a life's lease.

Now that he is in a state where he can't make decisions she is trying to sell the house and buy a condo instead. She hasn't put the house on the market yet but she is making her intentions obvious.

Can she sell the house? Is there any way I can protest legally?

Does she have power of attorney?

 

[churchto]

I think she does. I have medical power of attorney.

 

[Zigner]

She may very well be entitled to sell the house under that power of attorney.

 

[tranquility]

Just because she has the power does not mean she has the right. What is the benefit to dad if she does sell? Does he have other money available to pay bills?

 

[churchto]

He has enough money to pay bills and live comfortably. Her argument is that they are too old to do the yard work. I am currently living in an apartment in the house and have the ability to help them any time they need help.

 

[Zigner]

He has enough money to pay bills and live comfortably. Her argument is that they are too old to do the yard work. I am currently living in an apartment in the house and have the ability to help them any time they need help.

Ahhh, so it would inconvenience YOU to have to move out on your own. Gotcha.

 

[churchto]

Sorta.

I also have two houses that I own and use as rentals. I moved in with Dad a couple years before he got married in order to help him as he aged.

My step-mother's husband of 50 years died in the meantime and she came up and moved in with dad within 6 months of her husband's passing. My dad got her out of a financial predicament and helped fix her house so they could sell on a short sale. They also have a mobile home in Kentucky where they spend three months in the winter.

 

[churchto]

The reason my father willed me the house is because it was passed down to him from his mother after he moved up to take care of her. His father built it in the 1960's.

 

[tranquility]

Fiduciary duties are broad and subtle. Just because a person has the ability to sell property does not mean they can sell with impunity. They must do it for the benefit of the principal. Here there seems a fairly minor benefit to the principal for what is an incredible cost to the principal's estate. (And, a change from stated desires.) I don't know if the wife has power to make the sale under the current powers. But, if she is considering it, I wouldn't have a problem trying to get her removed as POA. Dad may need to be conserved if there are not durable powers of attorney for financial matters (with specific rights to sell property).