Asked in Civil Litigation, Criminal Law and Elder Law for California

Q: Is it legal for my sis in law to put my mom in law in a home just to sell her home

My sis in law put my mother in law in a old folks home and got a lawyer to put her self as beneficiary so she did so and she sold my mother in law's house but the thing about that she wasn't allowed to do that until my mother in law passes.and on the will my mom put to split the house between my wife and sister in law.so my sister in law went behind my wife's and mother in law's back and sold her home I'm just trying to get my mother in law out of that old folks home .before it's to late .plz need help and any advice will help thanks have a blessed day

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: If your sister-in-law obtained power of attorney over your mother-in-law's affairs, she may have had the authority to make decisions on her behalf. However, the terms and limitations of the power of attorney document would be important in determining what actions were allowed.

If your mother-in-law's will stated that the house should be split between your wife and sister-in-law, it raises questions about your sister-in-law selling the house without your wife's consent. However, the exact language and provisions of the will would be crucial in understanding the distribution of assets.

If you suspect that your sister-in-law used undue influence or coercion to change your mother-in-law's will or beneficiary designation, it may be worth discussing these concerns with a lawyer who specializes in elder law or estate planning.

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