[RDFG]

Looks like they have to wait (as do you). Who is in charge of her affairs? Who has power of attorney of your father's estate?

She does

OK, so his estate was processed your mother is now the title holder. Nothing else about that matters then. The bottom line is she owns the property and she or her legal representative needs to sign the lease. This means that you need, as we have said before, to get yourself appointed as guardian or conservator or something similar. There is no other answer to your predicament.

As a side note you said; "I am next in line.". Does she have a will leaving the property to you? If not, you may not be next in line. If there is no will her estate, what little may be left, would go to her heirs according to the laws of your state.

I am the only heir hers and his, and the last heir

[talaniman]

She isn't as demented as you say, legally or otherwise, if she still handles her business.

[RDFG]

She isn't as demented as you say, legally or otherwise, if she still handles her business.

Um excuse me but yes she is, wheel chair and can't talk how much more you want?? Dead?? She don't know who she is who I am where she is she is or what's going on she has to be fed and have her diaper changed. She is just Living!! She was the last appointed to handle my fathers estate. As far as hers there is nothing . Till this came along.

[ScottGem]

You can't have it both ways. If she is as far gone as you say, then someone else has to control her affairs. If no one is, then she needs someone to do so. So, for the third time, you need to have her declared incompetent and become conservator.

If your father died 15 years ago, the estate is probably not still open.

[joypulv]

You STILL haven't explained why you don't have POA. You said something about 'they' wanting a 10,000 bond, which makes no sense to me anyway (and a bond never costs the amount of the policy anyway; it's a short term insurance premium). You were asked who 'they' are, and didn't answer.

I am incredulous by how resistant you are to real help, somehow thinking that if you give us facts that we will do something awful.

[ScottGem]

You STILL haven't explained why you don't have POA.

She did say that the dementia came on suddenly, so it was too late for her mother to sign one. But, if she is that far gone and in a nursing home, someone has to be responsible for her affairs.

I understand its sometimes hard to follow threads like this. I also understand a reticence to reveal personal info. But I see nothing that indicates who you are, we don't even know where you are. We ask these questions so we can understand your situation and provide the best advice possible. If you don't provide answers, its hard for us to help.

[tickle]

She did say that the dementia came on suddenly, so it was too late for her mother to sign one..

Normally as Joy, you and I know, elderly parents, before they become too infirm, usually have POA done at the same time as the will is done, or no will done, they still arrange a POA. This can be done at the bank as well.

[ScottGem]

Just to put a cap on this, I received a PM from the OP. Apparently "the state has control of her (the mother's) affairs". No explanation was given as to why or what was done to fight it or get control herself.

[smoothy]

Just to put a cap on this, I received a PM from the OP. Apparently "the state has control of her (the mother's) affairs". No explanation was given as to why or what was done to fight it or get control herself.

That gets ugly... I assume the state probibly seized her mothers assets as well to pay for the Nursing home she was put in. That does happen in some states, I know one person that happened to, Worth several million dollars, her kids never saw a dime, she didn't make it a year after they tossed her in a home (and she was very lucid when it happened, I had just talked with her at length 2 days earlier). And another where it was attempted, luckily her family had plenty of their own money to fight the state and win. She had a lot of very valuable real estate developers and the state were wanting that has been in their family for generations.

Just another example of why it's a good idea to visit a lawyer and get paperwork done in advance of such a situation, preparing for it. To protect the assets of yours and your heirs.

[RDFG]

That gets ugly... I assume the state probibly seized her mothers assets as well to pay for the Nursing home she was put in. That does happen in some states, I know one person that happened to, Worth several million dollars, her kids never saw a dime, she didn't make it a year after they tossed her in a home (and she was very lucid when it happened, I had just talked with her at length 2 days earlier). And another where it was attempted, luckily her family had plenty of their own money to fight the state and win. She had a lot of very valuable real estate developers and the state were wanting that has been in their family for generations.

Just another example of why it's a good idea to visit a lawyer and get paperwork done in advance of such a situation, preparing for it. To protect the assets of yours and your heirs.

Thanks for the post Yes similar situation. She has SS income from my father still covering her med bills for now. I sent you one last message explaining why and how and who. There is legal battles going on now with DSS, Nursing Home, State and family member. Who acted out of greed, With no care for how my mothers last days would be. Her comfort or advanced care available to her, PLAIN GREED!! Too much to explain. Thanks again.

Normally as Joy, you and I know, elderly parents, before they become too infirm, usually have POA done at the same time as the will is done, or no will done, they still arrange a POA. This can be done at the bank as well.

She didn't do either. I wish she had. She kept putting it off till tomorrow

[RDFG]

She did say that the dementia came on suddenly, so it was too late for her mother to sign one. But, if she is that far gone and in a nursing home, someone has to be responsible for her affairs.

I understand its sometimes hard to follow threads like this. I also understand a reticence to reveal personal info. But I see nothing that indicates who you are, we don't even know where you are. We ask these questions so we can understand your situation and provide the best advice possible. If you don't provide answers, its hard for us to help.

As far as who I am and where I am due to ongoing legal battles over my mother I prefer to keep that confidential. Thanks

[ScottGem]

As far as who I am and where I am due to ongoing legal battles over my mother I prefer to keep that confidential.

This is, of course, your right. However, laws vary by area and knowing the general area might have helped us provide you with more targeted answers.

There is legal battles going on now with DSS, Nursing Home, State and family member.

This is information you should have provided upfront. You did not need to detail what those legal battles were, but our answers would have been different if we were aware that this was currently in the courts. A lot of time was wasted because you did not provide this information.

[tickle]

I think what Scott means, as this is an international site, what country do you live in. Laws vary in the UK or Canada. Giving us that information does not tell us anything really except guidelines to answer your questions more accurately, but then he may mean what State do you live in. Generally speaking, we do not need to know your personal information.

[RDFG]

I think what Scott means, as this is an international site, what country do you live in. Laws vary in the UK or Canada. Giving us that information does not tell us anything really except guidelines to answer your questions more accurately, but then he may mean what State do you live in. Generally speaking, we do not need to know your personal information.

Ok Thanks, I live in the USA

This is, of course, your right. However, laws vary by area and knowing the general area might have helped us provide you with more targeted answers.



This is information you should have provided upfront. You did not need to detail what those legal battles were, but our answers would have been different if we were aware that this was currently in the courts. A lot of time was wasted because you did not provide this information.

Sorry. I am new to this site. Im learning how it works. Thanks

[ScottGem]

Ok Thanks, I live in the USA

And you realize that laws vary state to state.