I was my father’s POA and cared for him at our home for almost 6 years. At the time he deeded me the house he was still capable to do so. In fact, he signed other non related documents of a family’s inheritance a few months before he signed the deed to me. My siblings also benefited from that diligence. Somehow he was not “dementive” enough to sign that but he was “dementive” enough to sign the deed to me.
During covid things got really scary. We were evicted from the house we were renting because the owners did not pay the mortgage. At that point we didnt have a place to live where we could fit my father, so my husband and i decided to rent another home. But rents were insane! So we looked to buy. We were so short of $ that even the realtor shipped in $5k so that we could get this house. My father wanted to help, so he deeded his home to me so that we could figure things out. He was always treated like a king at our home. He was always considered and his opinion always mattered to us. He had Parkinson and some dementia from it but he always did what he wanted and we always pleased him. At that time, the house he deeded to me was not worth much so, in the end, we decided to rent it so that we could help ourselves care for him. I had lost most of my work due to covid. Fast forward to today, the house went up in value and my siblings are suing me stating that I compelled my father to deed the house to me so that my siblings wouldnt get anything! Omg!! If they only knew the difficulties we have lived due to everything!
we pay astronomical amounts in taxes, we pay the mortgage, we made some renovatiins to the house because the roof was falling apart and the bathrooms were not livable and all the appliances were trash. The expenses are substancial. They also include other expenses from legal issues he had in another country and other of his issues in that country with properties there. We paid for all of it thinking, well, lets just pay for it and at least we have that house that can help us pay our debts. Now my sister is suing me to sell the house and split it in 3.
My question is, can I counter sue the estate and just charge it with all the expenses and most important, charge for my daily hours of care of my father? I lost the ability to continue with my business that I had just incorporated and i sacrificed my whole life to care for him. Can i charge the estate for an hourly rate for caring for him for 6 years? If so, how much can i charge per hour? I personally cared for him 24/7 but it wasnt until the last 1.5 yr that he needed 24 hour care. So, 3.5 years at 14 hrs per day and the last 1.5 yr at 24 hours per day.
Of course, this is without taking into account ALL the rest of the expenses.
Best wishes to you.
Your siblings are evil brats.
“Can i charge the estate for an hourly rate for caring for him for 6 years?”
No. You had no contract, so you helped for free. I feel for you, and so should your brat siblings.
Please see a lawyer.
I agree with all you say, but in the end, if this really goes to court (they sued you), your and my opinion doesn’t matter. What matters is the judge’s decision.
Please collect as much proof as possible that you dad was mentally competent AND not unduly influenced to deed you the house.
Don’t wait. Look for a good, honest lawyer.
No, you can't charge hours against the estate. But you may be able to get back the money you put in the house so I would counter sue or place a lien on the property if they win. That way when it is sold, you get your share as a sibling and the money u put into it. I would run all this by a lawyer.
Just curious, if you were renting, why did u not move into Dads house?
i have been quite sick this past year. Doctors couldnt pinpoint exactly what was wrong with me. At first I thought it was menopause, but all that seemed fine. Then I thought It would be some form of depression. Lots of anxiety creeped in. Blood pressure fluctuations, post ventricular beats, fibromyalgia. It was a horrible year that culminated in the removal of my wisdom teeth and that surgery put me in the hospital 5 times as all these symptoms got much worse. I only mention this because it has not been easy after caring for him, his last 1.5 years where he was tube fed and i lost myself completely. I would barely sleep, trying to keep him healthy, just literally leaving my whole life aside to care for him toward the end was insane. I asked my siblings for help and sister basically said that that is what his “property was for”… to take care of him.
i acted all along in a capacity of “i didnt need to worry” since we had the agreement that I would place things in a credit card and we would figure things out later. It took me all this year to heal enough to get things rolling, and I get served a few days ago.
It is unbelievable everything Ive been through without any help whatsoever from them, and for them to at least five me a chance to get my thing in order. They trusted me with him, but they do not trust me now that the house went up in value.
Anyway, there are other family members like aunt and cousin and maybe a driver who would driver him places when I was busy that may be able to testify of his wishes. I am just so tired of always being bullied by my sister. And here we go again.
No wonder Dad made me his DPOA and wanted nothing to do with her.
anyway…
😔
I am not condoning the behavior of your siblings. You should see a lawyer to sort this out.