Do I have protection against sibling interference with my eldery mother?

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Do I have protection against sibling interference with my eldery mother?

I take care of my elderly mother in her home. It has been willed to me. Do I have any rights since I have lived in the home for several years? Recently a sibling who has had no contact with my mother for over 10 years has shown up making suggestions about Will changes so that she gets something. What can I do?

Asked on February 17, 2011 under Estate Planning, Washington

Answers:

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

Answered 10 years ago | Contributor

The home is your Mothers while she is alive and you are not entitled to it until she passes away. Now, it appears that your sibling is "smelling money" and wants to swoop in at the last minute to unduly influence your Mother.  You claim that your Mother is elderly.  Is she frail and does she have any diminished capacity?  If the answer to that is yes then I would suggest that you seek help being appointed as her conservator as soon as possible.  Being a Power of Attorney will not really help here to [protect her from your sibling and changing the Will.  You may also want to consider speaking with the lawyer about transferring the house now and giving your Mother a life estate or creating a Living trust and transferring the house in to the trust with you as the beneficiary.  Good luck to you.


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