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  • Jun 28, 2009, 05:35 PM
    megan13982
    Need a answer
    OK if my brother got power of attorney over my mom two yesra ago while she had alhzimer could me or any of my siblings contest it?
  • Jun 28, 2009, 05:38 PM
    stevetcg

    You can, but how far you get is dependent on why you are contesting it and what documentated state your mom was in at the time (was she lucid, etc)
  • Jun 28, 2009, 05:51 PM
    megan13982
    Quote:
    Originally Posted by stevetcg View Post
    You can, but how far you get is dependent on why you are contesting it and what documentated state your mom was in at the time (was she lucid, etc)
    The reason is because I am trying to move into her house it is put in my name on the deed and I have to have the deed to get the utilities turn on and he has the deed and I have to go to the court house to get a copy and basically he is just an
  • Jun 28, 2009, 06:01 PM
    stevetcg

    You can contest it but you are going to need a lawyer and even then you will probably lose.

    You are using her property without providing any gain to her for it. Have you considered renting it from her? A lease is as good as a deed.
  • Jun 28, 2009, 06:03 PM
    stevetcg
    In addition, putting your name on the deed is essentially GIVING you the house. In her most lucid moment, why would your mom do that?
  • Jun 28, 2009, 06:10 PM
    megan13982
    Quote:
    Originally Posted by stevetcg View Post
    You can contest it but you are going to need a lawyer and even then you will probably lose.

    You are using her property without providing any gain to her for it. Have you considered renting it from her? A lease is as good as a deed.
    The deed for everything is in mine and her name?
  • Jun 28, 2009, 06:39 PM
    ScottGem

    First, if your brother was given POA while your mother was already not lucid and you can prove it, then you may be able to overturn it. But it will take an attorney and going to court to do it,

    I gather that mom is in a nursing home and the house is empty (if the utilities are turned off). Why won't your brother let you turn the utilities on?
  • Jun 28, 2009, 07:26 PM
    stinawords

    So all the properties are already in your and her names or you want both of your names on them? It makes a difference because if your name is already on them then you just have to get a copy of it and you don't need your brother to do that. If you are just wanting your name on the things then you should look into doing as steve said and rent it?
  • Jun 28, 2009, 07:51 PM
    cadillac59
    Quote:
    Originally Posted by megan13982 View Post
    the reason is because i am trying to move into her house it is put in my name on the deed and i have to have the deed to get the utilities turn on and he has the deed and i have to go to the court house to get a copy and basicly he is just an
    If your name is on a deed with your mother to a house, you have a right to occupy the house as a matter of law. You are a co-owner. A power of attorney has nothing to do with any of this and I don't have the slightest idea why you think it does. If you need a copy of the deed, go to the county recorders office (NOT the courthouse) and get a copy. It's a public record. Even if there were no power of attorney and your mother objected to you living in the house you'd still have a right to live there. Period. You're a co-owner and as such you have a co-equal right of possession. This is basic real property law, first year law school stuff. Finally, there is no rent owed anybody. It's your house as well as hers.

    Move in and ignore your brother.

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