Legal Question in Wills and Trusts in Wisconsin

Squatters rights
A son has lived with his elderly mother for 11 years. She is 95 and was recently put in a nursing home because of a fall. She has alzheimers and is not expected to return to her home ever. 20 years ago the son was legally declared unable to work and began collecting SS benefits. Meals were either delivered by meals-on-wheels or at one of two daughters homes. Personal care of the mother was given by one of the two daughters at the mothers home. The son now claims that he has the same rights as a spouse because he has lived there for more than 2 years and the home and all of the contents belong to him. He claims to have been the main "care giver". The home is in serious disrepair due to his lack of care. Any cleaning done was also by an out of town sister. Is his claim true? if not, can the sisters begin to divide up the contents of the home?

Asked on 6/14/00, 4:24 pm

JAY Nixon nixon law offices

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Re: Squatters rights

Was there a will or a trust granting any

rights to the son? Are there any bills due

for the costs of the nursing home care which

are being picked up by the government? If

so, there could be some problems with any relative

just "dividing up" the assets--that could be seen as

elder abuse or medicade divestment. The reciepents of the

assets could then become personally responsible

for the cost of her care. The bottem line is

don't make any moves without legal advice.

Answered on 8/07/00, 3:34 pm

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