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real estate/inheritance question

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Disappeared

Junior Member
I am not sure if this is the right forum for this question, please be patient.

Background - I live in one state, most of my family is in another. My father has Alzheimer's and is in assisted living, Mom passed away. In both of my parents' wills, I am to inherit the family home. My parents weren't wealthy but were frugal, so my dad is not close to qualifying for Medicaid. My parents' house was sitting empty for several months, except for when I'd come to visit and when another sibling would go over to check on it and make sure things were OK. Well, another sibling mentioned moving in. I said I didn't want him to. Well, my family and I got the house nice and clean in case my parents were able to come home, even though it was quite unlikely. The one who I said I didn't want living there basically moved in and trashed the place. He eventually paid someone to come clean it when the other sibling and I yelled enough. So, the house was clean when I left town and then Mom died. The house is now solely in my father's name but I am to inherit it, according to both wills. My dad is NOT of sound mind. The jerk sibling just moved in. He has a spouse who I don't think wants to live in filth so it's probably relatively clean. But, they didn't ask my permission, they didn't ask the other sibling's permission and they didn't even tell either of us. The nice sibling went by to check on things and they were living there.

He has another house but it's not acceptable due to his spouse's disability, although it probably has more to do with the fact that he's let it rot and it probably needs to be condemned.

There's a vacant rental home that he's due to inherit but it's too far away to commute, theoretically.

The other siblings have power of attorney, but the jerk technically shouldn't - long story, it's probably not worth going to court to get his poa revoked.

Nice sibling has been in the middle of too many sibling fights and just doesn't want to bother with this situation.

Theoretically, the house is probably better off with someone living there than sitting empty. Although, he smokes and I think is or at least could cause property damage, even if his spouse is cleaning somewhat.

I guess what I am wondering is, do I have the legal right to make them leave, since I am due to inherit? Dad isn't able to tell them to get out. Can the other sibling evict them? When I do inherit the house, can they claim that I was letting them live there and legally refuse to leave? Should I ask them to sign an agreement to keep the house up to certain living standards, and is that legally enforceable? I feel like I should at least have them sign something that says that they are living there without permission and they are responsible for all repairs (previously, the parents would have paid for minor repairs).

I am trying to keep peace in the family as I am afraid to make too many waves as certain involved parties seem to be mentally unstable. But, I am also trying to protect what my parents wanted me to have.

We've looked at getting it transferred to my name so I can go ahead and sell it, that doesn't seem to be an option. I've wondered if the nice sibling could use his power of attorney to sell it, put the proceeds in a separate account for my dad's care and if he doesn't use it then that account will go to me.
 


anteater

Senior Member
I guess what I am wondering is, do I have the legal right to make them leave, since I am due to inherit?
No. You have no present interest in the property.

The sibling with power of attorney should be addressing this situation.
 

Disappeared

Junior Member
No. You have no present interest in the property.

The sibling with power of attorney should be addressing this situation.
My 2 siblings have power of attorney, I don't. The less confrontational one basically told him to get out, the jerk said no, the nice one got exasperated and gave up.

So, my other question is how do I get him out when I inherit? The house is in Tennessee where squatters don't have rights but there is something called adverse possession. If I send a certified letter letting them know that I am not happy that they have moved in and they need to plan to move out when I inherit, is that sufficient to stop them from staying (legally) indefinitely when I inherit?
 

Ohiogal

Queen Bee
My 2 siblings have power of attorney, I don't. The less confrontational one basically told him to get out, the jerk said no, the nice one got exasperated and gave up.

So, my other question is how do I get him out when I inherit? The house is in Tennessee where squatters don't have rights but there is something called adverse possession. If I send a certified letter letting them know that I am not happy that they have moved in and they need to plan to move out when I inherit, is that sufficient to stop them from staying (legally) indefinitely when I inherit?
YOU HAVE NO RIGHT TO DO ANYTHING WITH THE HOUSE. You don't own the house. You have no claim on the house. What you have is a possibility of inheriting the house. That is all.
 

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