You: My sister moved in with my 90 something parents a while back. Then my Dad died and Mum was said to have signed a POA over to my sister and I got left out of my Dad's will despite him verbally promising me half years before over a Sunday lunch. It looks like my sister slandered me very very very badly to them both while having moved in again late in life. She has since that time tried to evict me from my family owned flat twice. Is there any legal law avenue I can pursue against anyone please? Presently if my Mum dies I could end up homeless. I was born in the North American Free Trade Area.

legalgems, Lawyer

Today, 6:28 PM

Welcome! My username is legal gems - I've helped thousands of satisfied customers on JA as a licensed attorney.

Legal issues can be confusing so I'll do my best to assist.

It will just take a moment for me to review your question and do the best I can to address your concern!

All information is for general educational information only and a meeting with a local attorney is required to obtain specific legal advice.

Thank you! I look forward to helping you and I hope you will find this site helpful!

Lawyer Oh I am so very sorry; so you are asking if you can challenge the will based on a sibling stating lies and causing the disinheritance please?

Today, 7:11 PM

I guess so yes. She reported me to a mental health nurse too. No conviction though thank goodness.

legalgems, Lawyer

Today, 7:14 PM

Thank you; unfortunately it is very difficult to challenge a will. One would have to prove the person was not of sound mind or was very vulnerable and unable to make their own decisions and was unduly manipulated by a person of trust. If so one can challenge the will and if successful the property would pass via a prior will or via the laws of the state.

When a party dies without a will, this is called "intestate" and the property passes via the laws of intestate succession, in most instances. Exceptions to this would include the following:

property held in joint tenancy with right of survivorship;

pay on death/transfer on death bank and brokerage accounts;

life insurance proceeds payable to a beneficiary.

In those instances, the property passes by operation of law to the named individual.

For other property not addressed in a will, the property passes according to the statutory "next of kin" as detailed in the relevant intestate succession statute.

Lawyer If that is the case you would want an

ESTATE LITIGATION attorney to help.

Unfortunately we cannot provide specific referrals. However you can contact the state bar and they can provide a referral. You can also try the online directories such as avvo and martindale as they have client and peer reviews.

I will include some tips below as well on hiring an attorney.

Here is an article from the American Bar Association on how to hire an attorney, as well as a link to their referral program;

https://www.americanbar.org/groups/legal_services/flh-home/flh-hire-a-lawyer/

Many people find that useful.

This is very important as it explains how billing works

https://www.americanbar.org/groups/legal_services/milvets/aba_home_front/information_center/working_with_lawyer/fees_and_expenses/

I definitely hope all this information, as well as the information provided earlier, is helpful. Legal issues can be very stressful and so we try to provide information in an easy to understand manner; we are always available for follow up questions to ensure you are fully satisfied.

Please remember a personal attorney should always be consulted because the site only allows for general information for educational purposes only, per the terms of service.

Should you need further assistance, be sure and reach out to us here at Just Answer and we will do our best to get you that information!

As always, thank you for allowing me to assist you. I would be flattered if you considered requesting me for future legal questions. Here is my direct link:

https://www.justanswer.com/law/expert-legalgems/

As a reminder: estate planning should be reviewed annually or whenever there is a significant life change, so please feel free to explore the estate law forum should you have need for that! We also offer experts well versed in medical, veterinary and auto among other popular categories!

Have a WONDERFUL and of course a Safe and Prosperous 2022!

I hope this site has been helpful as I believe in providing affordable legal information so that one can decide if they need to pursue the issue with a personal attorney. If you have a Membership with the site I hope to hear from you soon should you need further legal information! And if you have other topics you need information about- whether VET, MEDICAL, AUTO, TECH JUST ANSWER will have a professional to assist with that question! Here at Just Answer we are awaiting to help you with any questions you may have!

Thank you kindly, and Take Care! ****Thank you for allowing us to assist you today!******

Today, 7:15 PM

No further questions. Thank you.

Lawyer legalgems, Lawyer

Today, 7:15 PM

Thank you and please take care.

You have rated your experience with the legalgems Why did you love your chat with legalgems? This will not be shared with the Expert. Please select all that apply. Experienced and knowledgeable Expert Excellent communication Kind and caring Clear next steps Highly informative Other Continue