A man is becoming somewhat unstable because of age related problems. His brother has taken him into his home. Both are single. He is confused about being there. His only asset is his home which has been left to a friend in his will. Can this brother get control of the house and sell it thus essentially nullifying the will?
2006-11-01 15:00:32 · 2 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Not legally. He is a fiduciary. The brother would have to show that the selling of the house was necessary and in the best interest of the person under his care. If he were to break that trust he could not only be held criminally liable he would be liable for the damages to the estate.
2006-11-01 15:05:41 · answer #1 · answered by strangedaze23 3 · 0⤊ 0⤋
Possibly, but not easily.
If he's mentally incompetent, that means he lacks the capacity to sell the house himself, void or supercede the will, and can't even give a Power of Attorney.
However, someone COULD petition the court to get a conservatorship over his estate and assets, and then dispose of it.
2006-11-01 15:05:57 · answer #2 · answered by open4one 7 · 0⤊ 0⤋