How do i get my stepsister out of my dads house after his spouses death?

Asked almost 2 years ago - Anna, TX

My father was put into a nursing home in July 2012.My father has dementia. I have power of attorney over his estate.My step sister is living in the house.I told her that she is going to have to pay some kind of rent to stay there.She is not working and is on unemployment. She has no credit to put the electricity,gas,and water into her name.She has no moneyto put deposits down.She took money out of my dads account.I got the debit card away from her.I do not trust her. I want her out. What do i do.

Attorney answers (3)

  1. Fran Brochstein

    Contributor Level 18


    Lawyers agree


    Answered . I agree with the other attorney. You need to talk to an attorney immediately. You cannot afford NOT to talk to an attorney.

    Since your step-sister is living in the house the only way to get her out of the house is to have a judge evict her.

    In the meantime, if the utilities are in your father's name, you can have them turned off. Of course, she might "trash" the home if you have the utilities cut off.

    I would also talk to your insurance agent regarding the potential problems of having a vacant house. Also, regarding what happens if she damages the house. You want to make sure that the insurance is current on the house in case it burns down.

    I would also talk to your local police, sheriff and/or constable about your options. Since this is her current home, I believe that she can keep you from entering the house. I would call and give law enforcement a heads up about your family's situation - after consulting with an attorney.

  2. Eric Jerome Gold


    Contributor Level 19


    Lawyers agree


    Answered . You have a lot to think about. This is not something you should try to resolve on your own. You should consult with a local probate attorney for a thorough review of the circumstances. As for getting your sister out, you can seek to have her evicted, but you need to consider what your father would want and what your sister might do. As his agent, you have to act in his best interest.

    Did your father have an estate plan?

    When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am... more
  3. James P. Frederick

    Contributor Level 20


    Lawyer agrees


    Answered . What are your plans for the house? If it will be vacant, it may be impossible to insure. You will need to hire an attorney to evict her, as you cannot represent your father in court without being an attorney. You will also want to consider whether this is what your father would want, and what long term effects it will have on your relationship with your sister. It can certainly be done. I would consult with a landlord tenant attorney.

    James Frederick

    *** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and... more

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