What can we do if my elderly father has let his property run down and now it is condemned?

The family property was given to the next of kin when my grandfather passed which was my aunt and my father. My aunt has since passed and her share went to my father. The property is still in my grandfather’s name and my father has since let it run into the ground; the county had condemned it. We have also found he is having memory problems. Do we as his children have any legal say in this property and how can we get it from him?

Asked on September 10, 2018 under Real Estate Law, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If you are not on the deed or title already (that is, not currently owners), you have no say in what happens to the property UNLESS your father is so cognitively impaired that you can have a court declare him incompetent and appoint a legal guardian to manage his affairs for him; the guardian (who will most likely be one of his children) can then manage his property. If you believe he is that cognitively impaired and want to explore this option, consult with an elder or family law attorney.
If he is still mentally competent, however, then, as stated, non-property owners, even children, have NO say in what he does, or does not do, with his property.

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