Legal Question in Elder Law in Ohio

brother losing home

My brother (53) moved back home 7 years ago to care for my Mom and Dad. Mom died in July 06 and a sister (against the wishes of 6 other siblings) placed Dad in a nursing home and subsequently got guardianship. My brother has been living in Mom and Dad's house since Dad's placement, continuing to care for the property. The 6 siblings received notice of intent to sell today to pay for nursing home costs. Does my brother have any recourse since this has been his home for 7 years? How long can he remain in the home? Mom and Dad were having a will drawn up, giving my brother a life estate in the house, but Mom died two days after the attorney visited them and the will was drafted, but never signed. Before my sister received guardianship, Dad had signed a POA and a will, but this was never taken into consideration by the Probate judge at the guardianship hearing. The judge would not listen to any of us and, unfortunately, our attorney (and 2 others) told us the POA was all we would need. This was not the case and since none of the other siblings filed for guardianship (having been advised we did not need to by the attorneys), it was granted to the psycho sister. We have 28 days to respond to the intent to sell. Can anyone assist??


Asked on 5/16/07, 9:55 pm

2 Answers from Attorneys
Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

Re: brother losing home

You can contest this on the basis of the evidence you have that shows your parents' intent. You can attempt this on your own by writing a letter to the court and presenting what you have to say at the hearing on your own. In your case, however, an attorney is advisable.

Read more
Answered on 5/22/07, 10:40 am
David Davies Law Office of David H. Davies

Re: brother losing home

Any of the siblings have the right to object to the sale of the property. If Dad has other assets that can be used to pay for nursing home care or if there is an alternative to nursing home care such as having him return to the home and have an aid come in to help take care of him, then the Court could refuse the request to sell the home. In any event, the likelyhood of success on this is poor without an attorney.

If you have not already done so, the siblings need to get together and hire an attorney to deal with this issue. I would suggest someone with litigation experience rather than someone who just handles probate matters. You are going to need a litigator-someone who has significant trial experience.

I have been handling litigation of all types for the past 33 years. That includes a number of contested guardianship matters. Feel free to call if you want to discuss this further. No charge or obligation for the confidential call.

Good Luck

DHD

Read more
Answered on 5/16/07, 10:32 pm


Related Questions & Answers

More Elder Law questions and answers in Ohio