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

[jomei69]

The woman is 80+ years old and her health is not good. Her husband has dementia or Alzheimer's disease and recently had to be admitted to a nursing home because she could no longer do the lifting, etc., required to care for him properly at home. Her husband's children by a previous marriage are demanding that she move out of the house immediately so they can sell it. The step-son with power-of-attorney has taken control of all his father's money. The woman's only income is now her social security check. They are residents of Texas, which is a community property state. Would a lawyer be able to help her stay in her home and have access to her husband's money? Is what the step-children are doing against the law?

I'm asking the opinions of people here in the Senior Citizen category because of your life experience. I value your answers even if you don't have legal expertise.

[rolfe16]

This Is Not Legal Advice:

Just personal experience. When my husband died my husband's mother, brother, and stepfather claimed they were looking into the best interest of my husband's daughter and wanted to know how I was going to handle the sale of the house. Needless to say I was shocked.

But these are the things I learned and maybe will help your friend.
1. She needs an attorney and Fast.
2. Find the deed to the home or go to the clerks office and look up the deed/title information. It's public record.
3. Make sure she is a co owner, yes there is a difference if your name is on the deed but you don't have co-ownership.
4. The nursing home may have suggested the sale of the home for the procuring of debt on the father's behalf. But that is where it can get sticky. This happens to many single elderly and so it may also apply to couples in your state. I would think not since the wife is not in a nursing home, and should be co-owner of the home.
5. Look for the husband's Last Will and Testament. Once again the clerks office would have received this from an attorney. Ask her if she knows if her husband had a attorney.
6. Make sure she has support, as people like to band together to intimidate. If the children see she has a support system to help her weed through the lies and bullying, their position will change. They will back down. they may even try a new strategy, but that 's okay, it shows they are just bluffing and using scare tatics to make her move into the wrong decision.
7. You can go to the library and look up family law in your state.

God Bless her and you for wanting the best for her.

[vaiveatoish]

No they can't force her to move out if she was married to their father. She has the usus and the fructus of the property until the time of her death, unless otherwise specifically stipulated by contract between her husband and the children (prior to the wedding), or between her husband and her. The children do have abusus (or the right to sell), but they cannot act on it if it requires her to move out against her will.

[jabarl]

Obviously we don't know the whole story. It could be that the property needs to be sold to meet requirements for state care. In California you can't have anything to get medical. The woman might be better off in a care facility. There are social workers who look into such problems of the elderly. Getting old isn't for sissies, I know.

[zadok]

If her husband is still living, the kids are supposed to stay out of their affairs. Have her see an attorney who helps the elderly for his advice on stopping such greedy nonsense. They have no right to harass and abuse the elderly in Texas. Her lawyer may get them into a lot of trouble. Good luck.

[wynn]

don't know about texas but in england if you are married, unless you sign some sort of pre nuptial agreement, which your average person does not, the wife takes precedence and if you died, your wife is entitled to stay in her home and enjoy any income until she dies. but as i say, that is in britain. i would certainly contact a lawyer, just to make sure,

[croslea]

She definitely needs a lawyer. I'm surprised that the man named his son rather than his wife as POA. If the house is in her name, I dont see why she would move. As his legal wife, she has rights and definitely needs to find a lawyer immediately.

[lifton]

laws are different in all states, and it depends on if the house is in the fathers name or if he has already put it in his childrens name...get an attorney now....the fact that they are controlling the money doesnt sound legal to me....

[lathrop]

It's always best to consult with a reputable attorney.

If money is the issue....call the Senior Citizens Agency in your area.

[gofraidh34]

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