Do I need to file an injunction, seal the house or what? (attorney question I guess)?

Question

We have one of those blended families--his, hers, and ours. I'm the only ours. My dad had 5 kids and my mom had 2, they got married and had me. When my mom died in 2002, I advised my dad to give one of his daughters power of atty if he ever needed to, because I thought she had some sense and I live out of town.....Now he has Alzheimer's and is in a nursing home.

His will states that when he dies everything is to be auctioned and the proceeds split between his heirs. Well, now that he's in a nursing home, my sister decided to go through the house and let everyone pick what they want, without paying for it or anything....of course there was an unequal distribution, with my mother's two daughters getting the shaft. (Note here that since Dad became ill things of mine have begun disappearing from the house at a regular rate.) Today my sister (Mom's daughter) went over to get her things and two of Dad's daughters were over there and threw her out.

I called to find out what was going on, and they started giving me a hard time about taking things that belonged to me out of the house. I've had it. #1 they've cheated my sisters (Mom's daughters) out of their rightful inheritance because they didn't have the right last name and #2, if Dad ends up needing money to pay for his care (that would've come from auctioning the furniture, etc) we don't have it and #3 it's going against his and my mother's wishes.

I want to do something to stop this c**p and I don't care who I tick off. Can I get an injunction to seal the house or what? What should I do?

Answer 1

Technically, you should file legal action to have the power of attorney nullified and ask the court to order an accounting by the attorney in fact. You may have an uphill battle unless your mother's two daughters join you. The POA usually requires the attorney in fact to act in the best interests of the person who gave the POA, not to profit themselves or relatives.

Answer 2

First report your stuff stolen NOW.

Second talk to an attorney and see how you go about getting the stuff back. You may have to press charges. Make a list of everything that is missing.  The attorney will point you in the right direction. While you're at it look in the phone book for Adult Protective Services and see what they can do.

Third know that you will be hated by those people for the rest of your life.  

She has no right to give dad's stuff away it is her duty to do what is in best interest of dad. Giving dad's things away clearly isn't in his best interest when he may need them in the future. Make the calls and report the thefts, I would.