Legal Question in Real Estate Law in Indiana
Hello I have a question. My grandfather is 87 years old and up until last week has been living alone and still works to this day. He is now in the hospital having some health issues and some problems with arthritis, he will be going to a rehab facility for about a month for some physical therapy, now the reason I am writing you is I am his Power of Attorney and before my grandmother passed away in 2005 my Aunt & Uncle talked my grandparents in to selling their house to them to help my grandparents out financially. When the purchase took place apparently there was a contract signed stating that just because my Aunt & Uncle owned the home my grandparents could stay there until they died. Now here is where I am now, my grandfather went to the hospital last week and they have since kicked him out of his house and pretty much said he has nowhere to go if he does get to go back home. I dont think that my grandfather will ever be able to go back home anyway although he says he is and no Dr has said he cant they said it is his choice, but the house is full of all his personel belongings to which they have changed his locks and will not allow any of us in to get. The contract is apparently in the house as well and I cant get a copy of it to find out what it states. Is this legal what they have done, as far as locking up his possesions or for that matter kicking him out of his home? Can you please advise me as to what steps I need to take to protect my Grandfather? Thank you for your time.
Brandi Jones
1 Answer from Attorneys
I suggest that you go to the recorder's office and obtain a copy of the last deed and see who owns the property. If it shows your Uncle and Aunt without any reservation to your grandfather, you may have a problem. If it shows that your grandfather has a life estate, there is a good chance you can get back in the house if he wants to live there. Regardless, you can sue for conversion of his personal property if they do not provide you with access.. Contact a local attorney asap.