What do I do if my brother is evicting me out of the house that my dad gave to my 4 kids and I?

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What do I do if my brother is evicting me out of the house that my dad gave to my 4 kids and I?

My brother took my elderly father to a lawyer and had him sign everything to make him (my brother) my dad’s sole trustee and power of attorney. My dad doesn’t even know what’s going on and would never want my kids and I to move out of our home. My brother took my dad down to the St. Louis area with my sister and won’t let him back up here (Chicago suburb).

Asked on June 10, 2013 under Real Estate Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If you believe that your brother improperly influenced your father while your father was not mentally competent, you may have grounds to have the trust and power of attorney overturned or rescinded (though be aware, it is not easy to do this--the courts have a bias to not overturn these documents). To explore this option, consult with a trusts and estates attorney. If you can't have these documents voided or rescinded, however, your brother, as trustee and POA most likely has the right to do this: he would have, under those documents, the authority to make decisions as to your father's property, such as in regards to who may live in it.


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