Question posted in the Family Law category relating to Gauteng
My Mother has been living with us for well over 17 years. Last year she got sick and had to be placed in a old age home to look after her. My sister who was never involved in her care or anything keeps screaming and reporting the old age staff members. How can we make her stop? I do not have a relationship with my sister. We alsolegally bought the house from my parents 10 years ago. She is ow saying she is entitled to half of the house, does she have legal grounds?
We covered all expenses whilst they have been living with us. Paid her medical aid. She stayed for free with free utilities and food. My sister never contributed a cent towards this. Although recently she accused me of stealing her mothers stuff and money
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How can we make her stop? --> this is unfortunately something that the staff/management at the old age home will have to deal with. They will need to speak to your sister to say "stop abusing our staff, otherwise we will ban you from the property!" This is really not something that you can deal with on behalf of the old age home. They are within their rights to ban your sister from the property if she can't act accordingly.
She is ow saying she is entitled to half of the house, does she have legal grounds? --> No, she does not. If you bought the house from them legally, I assume that the transfer went through the Deeds Office and the house is on your name. If that's the case, then it is your house. Your sister can't undo that. If your Mother has left your sister something in her Will, then your sister will have the right to receive that inheritance. But legally speaking, your Mother might choose NOT to leave your sister anything in her Will. It is your Mother's choice.
Message from the Customer
In 2015 we were made aware that the house was on the verge of being repossed as they were not paying the bond. We paid it up and paid the water and lights up, then 2016, we took the house over from them (A purchased agreement was signed, deeds was logged at the deeds office in my name etc) The agrrement was that they stay with us and we will look after them, which we did, till last year untile she became frail and couldn't have her at home anymore due to seizures and dementia. We handle her finances and pay in additional funds to ensure her stay at the old age home is covered.
Do we need to keep records of these things, because we were made aware that she is telling people we stole all her mothers stuff?
She maybe sees her mother 2 times in a year.
So based on all this, if she does sue us, will this be something that will end up in court?
Message from the Attorney
Do we need to keep records of these things, because we were made aware that she is telling people we stole all her mothers stuff? -- Yes, you should keep a record of the expenses that you've incurred.
She does not have a will, becuase she has no assets. -- I suggest that you draw up a Will for her to sign saying that she leaves her entire estate to you. That will stop the sister from "laying claim" to your Mother's estate. I do think that it is a good idea. But if your Mother has dementia, then she might not have the ability to sign a Will. Not unless she has lucid moments where she knows what's happening?
So based on all this, if she does sue us, will this be something that will end up in court? -- Unlikely. However your sister might try to get appointed as your Mother's executor (after your Mother passes away) and then might try "investigate" and (in general) just make things a little hard to deal with. Court could cost her R100k or more, so unless she has lots of cash to waste, I don't think that this will end up in court at all.
Message from the Customer
And she also has no policies or funds.
Message from the Attorney
So in conclusion, the house is legally on my name, so she will have no claim. -- Yes, 100% correct.
And my mother has no estate, so if she passes she will be intestate. -- Yes.
And she also has no policies or funds. -- Then her estate will be dealt with as an intestate section 18(3) estate, which will literally be open and close.