Legal Question in Wills and Trusts in Missouri

Dad's gone to nursing home, silbing wants to live in house rent free

My parents will states that ''everything'' be split three ways (three kids). (House is only resource). I am the executor of the estate/have power of attorney. ''Desperate/down and out'' sister wants to move into vacated house, live rent free and says ''which i doubt'' she will pay property taxes/house insurance. She has made it obvious she feels she should have the whole estate. I am concerned that once she is in the house, and then my father dies, she will resist the sale of the house, so she can continue to have squatter's rights. If we sell the house now, (before she moves in), I am afraid she will ''talk'' dad into putting her on his checking/savings and will literally steal proceeds from the house, that need to be held in reserve for his continued care. I am on his accounts, but she distrusts me because she is jealous that I am financially secure. She has financially taken advantage of my parents for years. What are my rights?

Asked on 10/01/03, 8:07 am

1 Answer from Attorneys

Anthony Smith LawSmith

Re: Dad's gone to nursing home, silbing wants to live in house rent free

Many of your rights are determined by the wording of your Power of Attorney. Are you acting under teh power of attorney now? Is your father lucid? It is, afterall, his house and his money. If your father is not competent to make his own decisions, then, you may not have teh power to let anyone stay rent-free. If you do, you could be liable to your Dad or your third sibling, for rent you did not charge.

If your father is competent, and your are not already given authority to act on his behalf,then you should bring the matter to his attention and let him decide.

If you are in the Western half of the state, and you have more questions, you can email me directly. If not, then I suggest that you contact an attorney in your local area to discuss your rights and responsibilities. In this forum I can only give you a general answer based upon the very limited facts you have provided. You should not take specific action, without getting counsel from an attorney who has more of the facts than you were able to provide here.

Good Luck,

Tony Smith

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Answered on 10/01/03, 5:15 pm

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