Legal Rights To Sisters Properties

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My sister passed away about 6 months ago and her dad passed away years ago and left her and her stepmother as heirs. My sister also had a mate unmarried in a gay relationship. Together they accumulated two houses. Plus when her stepmother passes away my sister was supposed to inherit everything that her father and her stepmother had but my sister passed away first and now her mate is trying to get the stepmother's house and they had property right next to it that was given to me by my sister and her mate her mate is power of attorney over her stepmother until she dies . My sister's mate is trying to take everything even the things they accumulated together and trying to take the stepmother's house and everything as my sister's brother do I legally have right to my sisters things
Did your sister leave a will or any legal document stating her wishes regarding her properties?
No not that I know of we went to the courthouse to find out but there was no recording of it I don't know about any other legal documents I do know when my sisters stepmother was to pass away my sister was supposed to get everything because her dad had a will and left his wife and my sister as heirs
Did your sister's father's will specify what would happen to his assets if your sister predeceased her stepmother?
I do have an affidavit of descent of lutherie Sanders her father and it states although the deceased died testate the will has not been submitted to probate for the reasons that the value of estate prohibited administration to be dispensed with further the affient sayeth naught. It also says The heirs is my sister and her stepmother
Did your sister's mate have a legal power of attorney over your sister or her stepmother's assets?
She has power of attorney over my sister's stepmother's assets but I don't know about my sister's assets . When she gave me the death certificate of my sister it said that her mother was the stepmother so I went down to the mortuary and had it changed to her real mother's name
Did your sister's mate ever live in the houses that your sister owned or co-owned?
Yes and she still does and they rent the other house they owned out
Does the stepmother still alive? If so, has she made any legal decisions regarding her assets?
I don't know but she says everything is hers even thinks we have given my sister . Yes her stepmother is still alive
What is the current mental state of the stepmother? Is she capable of making her own decisions?
She is in a facility because he has dementia and it's getting to where she needs *-hour care so my sister's mate says it's costing her $*,* a month to stay there so she's going to have to sell the home to pay for the stepmother to stay at the facility . The stepmother is also a veteran so I really can't see having to pay $*,* a month for a room I think my sister's mate kind of is not telling the truth but I don't know.
Has your sister's mate provided any documentation or proof of the costs associated with the stepmother's care?
No she's really hush hush about things her personality has changed since my sister passed away. See me and my wife moved to Kentucky from California about 5 years ago to spend time with my sister cuz she had diabetes and was bedridden because they had to cut one of her legs off and half of her foot on the other leg so we came out to spend time with her and we live with them for two years then we bought our own home and her mate worked all the time that is why we stayed with them so she wouldn't be alone all day
What actions have you taken so far to assert your rights to your sister's properties?
None because we don't really know what to do cuz we thought common law would take over and my sisters mate would have the right to everything
What is the location of the properties in question?
Somerset Kentucky
What is the current status of your sister's father's will? Has it been probated?
This paper says the wheel has not been admitted to probate
What is the reason given for the will not being admitted to probate?
This paper says for the reasons that the value of the state permitted administration to be dispensed with further the affiant sayeth naught
What is the current status of the property that was given to you by your sister and her mate?
It's still sitting there this hasn't been sold and my sister's mate not never says nothing about the property she only says about selling the house I reminded her that she and my sister gave me that property and she said she remembered but I don't know I feel she's sneaky
Do you have any written proof or witnesses that your sister and her mate gave you the property?
Yes my wife was there too and she heard we were all sitting there talking
Do you have any written agreement or document that proves your sister and her mate gave you the property?
No it was just verbal my sister said that her dad said help your brother out . Her father's name is Sanders his last name and my sister's last name was Sanders and when my mom was married to him I was Sanders and I went through School all 12 years as Sanders until I was old enough to understand what that my real name was McMillian but everyone knew me a Sanders so it only says mcmillion on my diploma
What actions has your sister's mate taken regarding the properties since your sister's passing?
I don't know but I know she has everything in her name and she went down and got power of attorney over my sister's stepmother's house and she says she's going to have to maybe have to sell it to pay for the $*,* a month but I don't know she don't she's really hush hush about it and we don't talk much anymore
What actions, if any, has your sister's mate taken to sell the properties?
She went to a lawyer to find out if she's going to have to sell it or not as she says. She said she has to ask the lawyer if she could sell anything but she's giving things away. Every time we asked her for something she says he has to ask the lawyer and like I said she's giving things away
She says she went to a lawyer and that she has to find out if she's going to have to sell the house to pay for the stepmothers *,* a month stay at the facility. She also says she has to ask the lawyer if she can get rid of anything from the house because my wife asked her if she could buy the couch she said she has to ask a lawyer but she has given stuff away to people so I don't know what's going on there
What actions, if any, have you taken to protect your interest in the property given to you verbally by your sister and her mate?
None I don't actually know what to do
Have you considered consulting with a probate attorney to understand your rights and potential actions you can take?
Yes that's why I was asking you about the situation I appreciate your help I will call the number thank you
Based on the information you've provided, it seems like a complex situation. Have you considered hiring a probate attorney to help you navigate this?
Yes I have I will do that
What is the location of the property that was given to you by your sister and her mate?
Somerset Kentucky
What is the current status of the property that was verbally given to you by your sister and her mate?
It's still there just not sold yet or not even mentioned to be sold my sister's mate said she remembers telling me that the property is mine but no legal documents
Do you have any other witnesses who can confirm that your sister and her mate verbally gave you the property?
No other ones just my wife
What is the current status of your sister's stepmother's will?
I have no idea about her will but I know my. Sister said that everything goes to her when her stepmother passes away but my sister passed away before her now she is in a home she got dementia and my sister's bait is power attorney
Did your sister's stepmother have a will? If so, what were its terms?
I have no idea about that
Did your sister's stepmother ever express her wishes regarding her assets in the presence of any witnesses?
Not that I know of
What is the current status of your sister's father's estate? Has it been distributed according to his will?
Nothing has been distributed because my sister wasn't going to receive anything until her stepmother passes away
What is the current status of your sister's mate's Power of Attorney over the stepmother's assets?
She is still power of attorney because the stepmother can't make good decisions from what I hear but my wife goes to visit my sister's stepmother because their friends and she does have her good days and bad days but overall she still got her wits and you she could still have called the conversation but like I said she has her good days and bad days
Does the Power of Attorney document specify the extent of the mate's authority over the stepmother's assets?
I don't know I have never seen the power of attorney document is there a way I can get that
You can request a copy of the Power of Attorney document from the person who holds it. If they refuse, you may need to consult with a lawyer or the court.