Can my stepmom’s sister sell her house if she put her in a nursing home?

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Can my stepmom’s sister sell her house if she put her in a nursing home?

Her siiter is her guardian. However, her Will left the house to my brother and I. Also, can my stepmom’s nephew go into her house and remove items? I was told he was going up in a couple of months to the house in order to “settle things up”. I don’t want him to take anything without our side of the family being involved. She has been my stepmom since I was 11 and we don’t speak to her side of the family and she hadn’t either for 3 years.

Asked on April 25, 2012 under Estate Planning, Colorado

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If this woman is the guardian of her estate and her person then she has probably the power to sell the house.  If you think that something is not right here - with the placement in a nursing home, etc.,  - then one of you needs to step up to the plate and challenge the appointment of her sister and tke control of your Mother and her assets before they have been dissipated.  Get help.  Good luck.


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