What legal steps can I take now?
2007-02-18 09:49:07 · 12 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Has your mother left the house to you alone? If she has, you will need to have the locks changed and have an alarm system set up upon her death. Your sister will need to be informed that she will be charged w/trespassing if she enters and a restraining order may need to be arranged. We all have had issues w/toxic family and, unfortunately, the death of a family member only brings out their worst.
Of course, Yahoo Answers is not an acceptable alternative to a good lawyer.
2007-02-18 10:22:51 · answer #1 · answered by Taffy Saltwater 6 · 0⤊ 0⤋
If no will your mothers things, house included, will be equally divided among children with no husband. To own the house out right you would have to buy your sisters part from her.....or sell the house and she would get half the sale of the house after bills paid....that is done by probate though to distribute according to the laws of the state you live in. They don't care whether you like your sister or not, they go by the law.
Right now it is not your steps to take for your mother still owns her own house for she is living! All you can do is take your mother to a lawyer if she is able and in the right mental health. If she is not, your sister could sue stating you had the will made and signed by your mother when she was not competent. But IF your mother is in good health then you can drive her to a lawyer IF she wants to go, and let HER make her OWN decisions as to what she wants to do with HER things
2007-02-18 21:16:44 · answer #2 · answered by Gypsygrl 5 · 0⤊ 0⤋
When your mother dies, she will be at peace. Peace does not mean that she would want you fighting with your sister.
It doesn't matter what you sister may have done in the past, because your mother would want her around; this, I promise.
If it is that you feel that she would start trouble in the house, you should make it clear to hear when she arrives that this(your mothers death) is a difficult time for everyone, and that you expect her to behave and to not start any problems. Explain to her right away that she is not to go through your mothers things. That is not the time to do that.
Make sure that your mother has made a will of some sort, and find out what her wishes are before you go and make any decisions.
If it is that while your mother is discussing such things that she wishes you sister not around, that she must put it on a legal document.
But please understand that after she is gone, even if her last wish was to keep her away, that your sister has a right to mourn just as much as you do. And when your mother passes, she will have finally wanted forgiveness in her heart. So give your sister a chance. It is probably inevitable that she will start trouble, but you have to give her that chance. But only give her "one" chance.
2007-02-18 18:00:47 · answer #3 · answered by summer 3 · 1⤊ 1⤋
Not much.
If you can get your mother to set up a living trust giving you sole ownership of the house, you can keep your sister out.
If your mother gives the house only to you in her Will, you will not get control of the house until after the Will goes thru probate. That could take quite some time and until it is finalized, she has certain rights that you can not void. (see a lawyer)
If your mother gives the home to her only, either by living trust or by Will, once everything is finalized, she can kick you out.
If your mother gave more than 50% of the home to her, she can insist on living in the home as she would be the majority owner.
You could arrange to buy your sisters portion of the house. You would have to take out a loan, she would get the money for her portion of the house and then you would make payments for the next 30 years.
You could arrange to sell the home and you each get half of the money..
I think you are fighting a losing a battle.
2007-02-19 04:37:09 · answer #4 · answered by forgivebutdonotforget911 6 · 0⤊ 0⤋
This is something your mother must legally do. I am assuming your mother owns the house so she needs to put in the will that you get the house and not jointly with your sister. If your mother is not capable of making those decision you will need to get power of attorney, and then I'm not sure if you can change her will or not....
2007-02-18 17:53:28 · answer #5 · answered by laura n 3 · 1⤊ 0⤋
Everything depends on the age of you and your sister and your mother's legal capacity to make informed decisions. Your question is not specific enough!
2007-02-18 17:59:37 · answer #6 · answered by banananose_89117 7 · 0⤊ 0⤋
I had a similar problem with my sister. You might be able to get a restraining order against her, but you will have to have a really good reason to do that. You need to speak with an attorney in your area. He/she will be better equipped to answer your question.
2007-02-18 18:00:03 · answer #7 · answered by Lola 6 · 0⤊ 0⤋
Well it depends on what is in your mother's will, so unless she gives you the house you have no choice....for now.
2007-02-18 17:52:52 · answer #8 · answered by I do what I want.. 4 · 2⤊ 0⤋
Lets hope yah mother loves you enough to put you in her will.
ask her..lol
2007-02-18 17:57:25 · answer #9 · answered by raybbies 5 · 0⤊ 0⤋
I don't think that United Statesian law will allow you to do such a thing.
2007-02-18 17:52:50 · answer #10 · answered by r1b1c* 7 · 2⤊ 0⤋