Oklahoma City, OK asked in Probate for Oklahoma

Q: My mother sold her home to move in and take care of both of her parents who suffered from dementia as well as many othe

She was their caretaker for several years by herself before their passing 5 years ago. My mother has remained in the home as this is her residence since she gave up her own home to care for them and avoid sending them to nursing homes. Before my grandparents became ill beyond having a sound mind, they told my mom she would get the house since she have up her home and took care of them. She has made numerous repairs to home since they passed, and continues to live there. However, now all of a sudden, her brother has decided he wants the house. Is trying to bully her to move out and sell it. He has his own home. She is disabled and dying and on fixed income that prevents her from being able to afford such a move. She did agree to put title in both of their names so if she passed, he would get rights to property, but he now demanding she get out. Is there anything we can do?

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2 Lawyer Answers
Nina Whitehurst
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Answered
  • Probate Lawyer
  • Crossville, TN

A: It sounds like your brother is trying to exert undue influence over your mother. There are a couple of things you can do. The best option would be to get yourself appointed as her guardian. Next best would be to get at least a couple of doctors to write statements of incapacity, so that you can prove later that anything she signs from here on out is invalid due to lack of capacity.

Brian Boeheim
Brian Boeheim
Answered
  • Tulsa, OK
  • Licensed in Oklahoma

A: Her brother may have a claim, but if this has been her residence it will be nearly impossible to move her out. I agree with Nina in part. The real key is getting her brother to stop bothering her about it. The option I would take is to have her appoint you power of attorney for the limited and exclusive purpose of handling issues regarding the property. That way her brother must come to you, and should stop bothering her, since she won't have any power to do anything.

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