Q: My father has dementia in a nursing home
His owned paid for condo in Chicago IL and all personal property is left to me his only son in his will. Can my uncle who is listed as estate conservator in will only sell his condo simply because he is in a nursing home? Leaving nothing behind to inherit? Being heir can I stop his actions legally?
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A:
Your uncle cannot sell the condo, and neither can you, without either a power of attorney from your father or court-ordered conservatorship over your father. Being named as executor in a will is not sufficient authority while your father is alive.
That said, it sounds like the issue might be that someone believes that the condo must be sold in order to pay for your father's nursing home expenses. That may or may not be true. Your father might be eligible for Medicaid to pay his nursing home expenses without selling the condo. You should consult with an elder law attorney about the possibility of getting your father qualified for Medicaid and what impact that will have on your potential inheritance.
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