[joyful3]

My Father died about 3 months ago and before he did, he told me I could have his car plus the house. My dad never made a will. I got Power of Attorney over my mother because my dad wanted me to take care of her. So now I got my name changed over into my dad's car which my older brother was so upset about it.
You see you got to understand that my brother have always mistreated my parents and disrepected them to the point that they feared him. I moved out but had to moved back in to care for my elderly mother. My brother and my half sister ganged up on me and beat me because I took my dad's car.
I wanted to know since I have Power of Attorney over my mother and because I fear for her life and mine as well that I have to leave on weekends while my brother is there, I want to know if I can evict him?

[cdad]

What type of POA do you have and why do you have it? Is your mother incapable of making her own decisions?

[joyful3]

It's to help her with her health and her finances... and yes, she's incapable of making her own decisions. Just a while ago, my brother tried to take my mom to my half sister and I called the police, all they told me was that if she wants to go with them that they couldn't do anything about it and for me to take this to civil court.
My mom don't want to go, but she fears my brother and does what he says. My brother left and my mom stayed... she is happy that she didn't go anywhere. I just know that they are just putting more fear in her.
I left one weekend because my brother is there but I came on a Saturday to pick up some personal things and my mother was alone and sitting on the sofa with fear and I asked what was wrong, all she kept on saying that my brother was coming home any minute now and that he is so mad... that he left and was so mad at her. I hate to leave her but my brother attacts me. I'm only there when he leaves to work to care for my mom. My mother lives with fear. I need to get her away from him. I just don't know how to do it or where to go from here. Someone please help... I am a female ages 40 yrs never married. My brother is 48 and never married... he has lived with my parents like forever.

[ScottGem]

My condolences on your recent loss.

First, You may have had no right to transfer the car into your name. Without a will your father's estate MUST have been divided up according to the laws of inheritance where you live (Note: ANY legal question needs to include a general area since laws vary by area). Its possible that you siblings were entitled to a share of your father's estate.

However, if your mother owned the house jointly with your father with right of survivorship, then the house became solely hers. The POA then gives you the right to evict him. If he inherited any share of the house under the laws of inheritance, then you can't evict him.

You really should consult an Elder law attorney and/or an estate attorney to determine how to best protect your mother and what rights you have to your father's estate.

[joyful3]

Thank you so much! You know that saying "when it rains, it pours" and that's how I feel right now. After I lost my dad, they found cancer on my kidney. One week before my surgery, my half sister and brother came into my room and beat me up, the police only reported her story, so I have no record of what they did to me only pictures. Now, I've had my surgery and am doing fine thanks to God. I leave from my house because my brother when he gets into his moods, he will push me and shove me which I am still recovering from the surgery.
I want to give up many times and just allow my mom to stay with my brother or my half sister, but I see my mom calling me to help her. I need to do something.
I will go begin to seek for a lawyer and go from there. I appreciated your advice so much! Thanks again!