Advice needed?Attempting to sell my aunt's house when the house is in the will?

[lockbox]

What is the name of your state (only U.S. law)? Indiana

I recieved a phone call last week from my step sister telling me that we need to take aunt to the attorney to have the will changed.Because,if we don't do this everything will go to the ward of the state.So,3 days ago (Oct 5th 2013) we both took aunt up to the attorney to have the will changed to us.Nothing is final yet as we are waiting for the mail to sign paper work.My sister is living with our aunt in our aunt's house as care giver.We also,both will be power attorneys after the papers are signed.
During the prosess of the will change.The house is to be auction sold after our aunt past away.

Our aunt is alive and living in the house as we speak with my step sister staying with her.With that said,
What gives her the right to place the house up for sale now?Can she do this?Keep in mind the will & power attorney paper work is yet to be signed.
I found the house for sale on remax online and in a local news paper ad Dated oct 2, 2013.with my step sister's phone number attached.That's 3 days before we went together to have the will changed.She never said a word to me about selling the house.

I feel as we speak she is selling everything that is not tied down in the house.I also,feel she is selling my aunt's items at the local pawn shop 5 blocks away from my aunt's house.
I also, found another news paper ad dated the same date above.Selling cemetery plots that our aunt had with my sister's cell number attached.
And last,
My sister removed our aunt's house phone from the wall.My sister's reason for this is,Our aunt is calling 911 to many times accusing abuse by my sister.My sister says she is affraid if our aunt calls the police the police will remove my sister from the house.Until the papers are signed she will keep the house phone removed.
I feel this is wrong to do and not right.I thought there is a law that all older people need to have accsess to 911?

I check on my aunt from time to time to see how she is doing.My aunt says she is fine.There was 30 calls to 911 in one month in the past.The police already threatened to do something if anymore 911 calls are made.
I am waiting for her to make a mistake.If I act now I may not have enough proof to go forward.With the phone removed is my ticket.I'm trying to get all my duckies in a row before making any moves.
What can I do?What is my options as a power attorney.I don't think I'm power attorney of funds.

 

[Ohiogal]

You realize that you are NOT entitled to anything, correct? Your stepsister may not be doing anything wrong. Especially since Aunt would have to sign any papers to sell her titled belongings. Aunt would also have to report stuff stolen. Now if aunt is not competent then the papers signed will do no good. Both of you would then be taking advantage of Aunt. If Aunt is competent she can do what she wants.

 

[LdiJ]

What is the name of your state (only U.S. law)? Indiana

I recieved a phone call last week from my step sister telling me that we need to take aunt to the attorney to have the will changed.Because,if we don't do this everything will go to the ward of the state.So,3 days ago (Oct 5th 2013) we both took aunt up to the attorney to have the will changed to us.Nothing is final yet as we are waiting for the mail to sign paper work.My sister is living with our aunt in our aunt's house as care giver.We also,both will be power attorneys after the papers are signed.
During the prosess of the will change.The house is to be auction sold after our aunt past away.

Our aunt is alive and living in the house as we speak with my step sister staying with her.With that said,
What gives her the right to place the house up for sale now?Can she do this?Keep in mind the will & power attorney paper work is yet to be signed.
I found the house for sale on remax online and in a local news paper ad Dated oct 2, 2013.with my step sister's phone number attached.That's 3 days before we went together to have the will changed.She never said a word to me about selling the house.

I feel as we speak she is selling everything that is not tied down in the house.I also,feel she is selling my aunt's items at the local pawn shop 5 blocks away from my aunt's house.
I also, found another news paper ad dated the same date above.Selling cemetery plots that our aunt had with my sister's cell number attached.
And last,
My sister removed our aunt's house phone from the wall.My sister's reason for this is,Our aunt is calling 911 to many times accusing abuse by my sister.My sister says she is affraid if our aunt calls the police the police will remove my sister from the house.Until the papers are signed she will keep the house phone removed.
I feel this is wrong to do and not right.I thought there is a law that all older people need to have accsess to 911?

I check on my aunt from time to time to see how she is doing.My aunt says she is fine.There was 30 calls to 911 in one month in the past.The police already threatened to do something if anymore 911 calls are made.
I am waiting for her to make a mistake.If I act now I may not have enough proof to go forward.With the phone removed is my ticket.I'm trying to get all my duckies in a row before making any moves.
What can I do?What is my options as a power attorney.I don't think I'm power attorney of funds.

You need to contact Adult Protective Services, NOW. Here is the web page for the agency:

http://www.in.gov/fssa/da/3479.htm

Tell them everything that you have told us here. Let them investigate.

 

[lockbox]

You realize that you are NOT entitled to anything, correct? Your stepsister may not be doing anything wrong. Especially since Aunt would have to sign any papers to sell her titled belongings. Aunt would also have to report stuff stolen. Now if aunt is not competent then the papers signed will do no good. Both of you would then be taking advantage of Aunt. If Aunt is competent she can do what she wants.

In reply to this,(You realize that you are NOT entitled to anything,)????


During the will & power attorney change.The aunt agreed for the sister & I to have everything.I may be a dumbing but,to me that sounds like the will is a 50/50 split.
The attorney asked our aunt this question,If you would go to heaven today?Do you want these two people here with us to have everything.The answer was "Yes".
When the house came to question to my aunt.She replied to have the house auctioned and the funds be given in the estate.
The only two people on the will is me and my sister.The sister and I will be power attorney.My thinking is,because,my sister is now in the house as care giver that she and only her may only be power attorney for funds.I don't don't if I will have power attorney of funds or not.My gut tells me no.Until the papers come in the mail to be signed I don't know yet.During the will appointment with the attorney,the attorney felt aunt wasn't competent and power attorney was included in the agreement for my sister.I told the attorney that we both need to be on the will and both power attorneys for reason in case something happened to one of us or if one of us needs a break.The attorney replied OK I will draw the papers up and send them to you in the mail to be signed.My sister said.the papers haven't arrived yet for us to sign.So,right now none of this is in effect yet until papers are signed.Will I ever get the call from the sister to come sign the papers?Who knows.
With this all said above,
Why do you say I'm not entitled to anything?

 

[Zigner]

During the will appointment with the attorney,the attorney felt aunt wasn't competent...

I wonder why the attorney would risk disbarment by writing up such paperwork for a client he believes is incompetent.

Something really stink here - you two RUSHED auntie down to the lawyer to get her will changed once you realize that you might not get HER stuff. Yes, I agree adult protective services should be called. Your aunt sounds like she needs protection from BOTH of you.

 

[lockbox]

I wonder why the attorney would risk disbarment by writing up such paperwork for a client he believes is incompetent.

Something really stink here - you two RUSHED auntie down to the lawyer to get her will changed once you realize that you might not get HER stuff. Yes, I agree adult protective services should be called. Your aunt sounds like she needs protection from BOTH of you.

To zigner,
I agree with you Yes I do.I don't want to have anything to do with this anymore.I have no idea what her plans are or what she is doing.Right now she is the one living in the house with my aunt.She has access to it all right now.I'm very worried about my self in this mess.If she does something wrong I can go down with her.I don't want that.Right now I haven't done a thing.The things people would do for money is crazy.If her plan is to sell everything before my aunt dies I'm not agreeing with that idea what so ever.My thinking is,when our aunt dies there will be nothing left to devide because,of my sister's actions.I don't want to be thrown under a bus from her actions.As you stated,"you two RUSHED auntie down to the lawyer "That is 100% fact.If we didn't everything would go to the ward of the state.I was asked to be placed on the will.At the time I thought thanks!why not.Now I regret getting involved in this mess.Yes,I made a mistake by saying yes put me on the will with you.I had no idea of her plans.As of now I'm setting back watching everything getting sold and I can't do anything about it.
If you say I am not entitled to a thing?If this is 100% true/fact?I want out.
I thank you for your opinion but,I need answers not opinions.I need to know what can I do and what is my options?
I have no proof what all has been sold already by my sister.
I have no proof that my aunt is being abused other then pass 911 calls that was made by my aunt in the past.
The only thing I have right now is ,my sister is hiding the house phone from my aunt.Once i call the police to report this the phone will just be placed back problem solved for my sister and a case of beans will be opened on me for reporting this.I need to build more proof before action on a little hide the phone problem.
If and when she puts the phone back on the wall I have not a leg to stand on.My ticket to the police now is only the phone problem.That's not enough to do a thing.I feel I know what her plans are,and that is to hide/move aunt's money then place her in a nurcing home.I want no part in that if thats the case.

 

[OHRoadwarrior]

If you would go to heaven today?Do you want these two people here with us to have everything.

Seriously!!! Do really think that is how a competent adult makes a will? In between 911 calls maybe??? This screams elder abuse and attorney misconduct IMO. OG, what is your take?

 

[lockbox]

Seriously!!! Do really think that is how a competent adult makes a will? In between 911 calls maybe??? This screams elder abuse and attorney misconduct IMO. OG, what is your take?

Well,the number one thing I need is to show proof of abuse.Until then I'm stuck.
When we first went to the attorney's office.The attorney asked to speak alone with only our aunt first.During that,my aunt had no idea why she was there.The attorney walked out of his office to us stating he can't do this because,she don't even know why she is here and don't remeber me as her attorney and I was her attorney for many yrs.I asked the attorney what would you advise we do?He then says lets step into my office and lets talk about this.So,we all talked to the attorney & agreed and found that my aunt isn't competent.Yes,I agree and wonder this question,What gives the attorney the right to say my aunt is not competent without a doctor statement?I think something is fishy here as well.Our aunt was find to have diametha by a doctor in the past.

 

[Zigner]

Well,the number one thing I need is to show proof of abuse.Until then I'm stuck.

Huh? Your own statement is proof of your attempted abuse. (I'm sure that's not what you meant though.)

When we first went to the attorney's office.The attorney asked to speak alone with only our aunt first.During that,my aunt had no idea why she was there.The attorney walked out of his office to us stating he can't do this because,she don't even know why she is here and don't remeber me as her attorney and I was her attorney for many yrs.I asked the attorney what would you advise we do?He then says lets step into my office and lets talk about this.So,we all talked to the attorney & agreed and found that my aunt isn't competent.Yes,I agree and wonder this question,What gives the attorney the right to say my aunt is not competent without a doctor statement?I think something is fishy here as well.Our aunt was find to have diametha by a doctor in the past.

I suspect this is why you haven't received any documents in the mail. I hope the ATTORNEY had enough sense to forward all of this information to the Adult Protective Services in Auntie's area, she needs protection from her hungry offspring.

 

[OHRoadwarrior]

There is a concept of the law requiring someone executing documents to do so of their own free will. Auntie is clearly not capable of expressing her own free will. She does not know what it is.

 

[LdiJ]

Ok folks...I understand that everybody is peeved at the OP for her part in this...but unless someone gets on the horn and calls adult protective services the OP's sister is going to sell the aunts house out from under her...and that needs to be stopped at all costs...for the aunt's sake. So lets stopped being peeved at the OP for now and encourage her to call adult protective services.

 

[lockbox]

Ok folks...I understand that everybody is peeved at the OP for her part in this...but unless someone gets on the horn and calls adult protective services the OP's sister is going to sell the aunts house out from under her...and that needs to be stopped at all costs...for the aunt's sake. So lets stopped being peeved at the OP for now and encourage her to call adult protective services.

Let me ask you all these few questions?
Does there have to be 2 power attorneys?
Do I have the right to change my mind to not be a power attorney?
If I decide to not be a power attorney will that revoke me from the will?
I say this because,if my sister does anything wrong .She rides her own boat.
Can anyone answer these questions please?

 

[Zigner]

Let me ask you all these few questions?
Does there have to be 2 power attorneys?
Do I have the right to change my mind to not be a power attorney?
If I decide to not be a power attorney will that revoke me from the will?
I say this because,if my sister does anything wrong .She rides her own boat.
Can anyone answer these questions please?

Your status under a POA means nothing if you don't act on it.
When Auntie passes, the POA vanishes. If the will is valid, your status under a POA is irrelevant once the will goes in to effect. You can't have a POA over a dead person.

 

[OHRoadwarrior]

Sometimes, emotion can have a great standing in situations. I concur OP needs to get eldercare assistance involved ASAP.

Ok folks...I understand that everybody is peeved at the OP for her part in this...but unless someone gets on the horn and calls adult protective services the OP's sister is going to sell the aunts house out from under her...and that needs to be stopped at all costs...for the aunt's sake. So lets stopped being peeved at the OP for now and encourage her to call adult protective services.

 

[anteater]

Well... I'm certainly lost.

At one point, the OP is talking about a revised will and POA's being drawn up. The next moment, the OP states:

The attorney walked out of his office to us stating he can't do this because,she don't even know why she is here and don't remeber me as her attorney and I was her attorney for many yrs.I asked the attorney what would you advise we do?He then says lets step into my office and lets talk about this.So,we all talked to the attorney & agreed and found that my aunt isn't competent.

????

Yes,I agree and wonder this question,What gives the attorney the right to say my aunt is not competent without a doctor statement?I think something is fishy here as well.

Any attorney with an ounce of ethics will refuse to draw up documents if he/she has any doubt that the client is not legally competent.

And what does this mean?

Because,if we don't do this everything will go to the ward of the state.