Can the step-children force their elderly step-mother from her home?

by **gofraidh34** » Thu Oct 27, 2011 4:09 am

Besides the really great advice you have already been given on here, contact a newspaper or local tv station about this problem - ignorance deserves to be exposed

by **avikar76** » Thu Oct 27, 2011 4:18 am

I sure hope they cannot do so, she needs a good lawyer, I could not advise on this one.

by **hussein** » Thu Oct 27, 2011 4:26 am

That poor woman needs an attorney now!

by **tripp** » Thu Oct 27, 2011 4:31 am

I work for a retirement community so it makes me very very sad when people treat the elderly so badly. :(

Since the son has power of attorney, I'm not sure if there's anything legal you can do about the situation. The problem is that the step son is heartless and is apparently still bitter about his father's remarriage. If you are a friend or member of the family, I would sit down with everybody and try to figure something out.

Its just not fair. :(

(also, why are they wanting to sell the house so badly...in this economy it will probably take forever anyway...)

by **teyo** » Thu Oct 27, 2011 4:44 am

NOT LEGAL ADVICE:

Since TX is a community property state, I think the children are bluffing trying to get her to move out of the house. The power of attorney which the son holds may or may not apply to the real property. That would depend upon the specific wording and intent of the document. It more than likely would hold up in a court of law, concerning the control of any held assets that belonged to the spouse prior to the marriage, but I'm not really sure of that either. Your best bet would be to retain a GOOD attorney for her and dispute the legality and spectrum of the power of attorney.

by **osmont** » Thu Oct 27, 2011 4:46 am

There may not be any guarantees that an attorney could help this woman; but I think her best bet would be to find an attorney, especially one that deals with elder law, to help her work through this mess.

Another resource might be the Local Area Agency on Aging. Here is a link to the State of Texas Department of Aging and Disability Services webpage. You can find the local area agency on aging by zip code.
http://www.dads.state.tx.us/services/contact.cfm

The local United Way Helpline should have referrals to agencies that might help too. Your friends can dial 2-1-1 if they live in the area to find help and advice.

I hope things work out.

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