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    kc1401's Avatar
    kc1401 Posts: 2, Reputation: 1
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    #1

    Jun 6, 2011, 10:46 AM
    Executor of will and power of attorney.
    About a year ago, my sister (the oldest) took my mother to an attorney (her brother-in-law) and had a will made up without my brother's or my knowledge. She also had a power of attorney at that time. My mother, at the time, had the first symptoms of alyzheimer's. My sister's health has taken a turn for the worst so we ask her for a copy of the will. She claim's she is the executor and won't show the will to anyone. My mother has gotten progressively worse and she doesn't have a copy. I live in one of the two properties my mother owns (she lives in the other)and pay her rent to supplement her income and help take care of her. Recentley, my sister started hinting about us moving out. A:Can we get a copy of the will to see what she's done? B:Can she force us to move? Before or after my mother's passing. C:Is everything she's done legal?
    ebaines's Avatar
    ebaines Posts: 12,131, Reputation: 1307
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    #2

    Jun 6, 2011, 11:46 AM

    A. You can't force your sister to reveal the will. Only after your mother has died and the will is in probate does it become public.

    B. If your sister has full power of attorney, then yes, she can end your lease. If you have a contract then she can refuse to renew it at the end of the contract period. If there is no contract she can evict in accordance with your local eviction laws.

    C. I see nothing illegal here.

    I suggest that you have a conversation with your mother and see if she is aware that your older sister may be manipulating things. One option regarding the property you are living in - draw up and execute a long term lease agreement with your mother.
    kc1401's Avatar
    kc1401 Posts: 2, Reputation: 1
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    #3

    Jun 6, 2011, 01:28 PM
    Comment on ebaines's post
    Thanks very much! Before my mother became ill she had wanted all the assets to be sold and split 3 ways. A long term lease may be good leverage in case she is trying anything underhaded.

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