Legal Question in Wills and Trusts in Oklahoma

Re: My Home - Help! They are trying to put me in a nursing home!

A ninety-year-old person still has all of the legal rights that he or she ever had (unless a guardianship has been legally established). Therefore, no one has the right to force a competent ninety-year-old to move into a nursing home. However, if your personal physician has determined that it is in your best interest to do so, you probably should listen to the doctor's advice.

A co-owner such as yourself has a right to occupy the commonly owned premises as a homestead. The other tenants in common or joint tenants would have to bring a partition action in court in order to force a sale of your home.

If you have a life estate and they are the remaindermen, there is probably no way that they could affect your right to use and occupy the premises for your lifetime.

The manner by which your children became co-owners may also be relevant. If they were given mere legal title in joint tenancy for purposes of

avoiding probate of your estate, then the law may recognize an implied trust for your use and benefit and prevent a forced sale of the home.

You should seek legal assistance promptly. If your financial circumstances are such that you cannot afford an attorney, you may want to contact your nearest Legal Aid office and see if you qualify under its guidelines for pro bono services.

This response does not establish a lawyer-client relationship, which will require further arrangements. I will have no further involvement in this matter unless you contact me in person or by telephone and I accept your case.

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