Q: Can my sister kick me out of the house when/if she becomes POA?
My Mom recently passed and my Dad is 81 yrs old. When/if she becomes POA, whether Dad is still alive or passed, can she kick me out of the house?
A:
If your father is alive and is the owner of the house, your sister, as your father's attorney-in-fact under a POA, can evict you from the house if your father tells her to do so.
If your father dies, a POA of course no longer has any force or effect. If the house was owned by your father, it will pass to his heirs. Assuming you and your sister are his only heirs, the house would pass to both of you. Neither of you could evict the other, but either of you could file a suit to partition the house by sale. In that event, the court would order the house sold, you would both have to move out, and the proceeds of the sale would be divided between you by the court.
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