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Exercising power of attorney...

Brooklyn, NY |

I am the life estate trustee for my parents home. Both parents are of ill health, and they live far away from me. They want to relocate, i.e. sell their home and buy a home closer to me. The problem is that of an abusive son, that prevents them from selling the home and moving on to a more supportive environment. Without causing too much drama for my parents, what steps can be taken to evict a person that can be a danger to my parents. Are the legal matters concerning the home, transfer of the asset to a different location,etc handled by an elder law attorney, estate planning attorney? What about the eviction? Is the latter handled by either attorney?

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Attorney answers 1


eviction laws vary greatly. Cities can adopt their own rules. Locally, eviction is very different between Seattle and Bellevue (next major city east of Seattle). You need to be in touch with an attorney who handles evictions specifically in the area where the house is. I do know understand how any tenant can prevent (legally) a home from being sold. However, if the eviction is necessary, once it is finished and the house is sold then the proceeds are paid to the owner of the house. Sounds like a trust in this case (although the term life estate here means something else so please make sure you understand that part correctly). There may be tax issues on the sale. The funds can then likely be used to buy a new residence for them. If there is a trust then you also need to look to the terms of the trust about asset sales. Any questions along those lines could be cleared up by an estate / trust attorney in the state of the trust situs.

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