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Can my sister sue my father's partner for real estate work?


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Alpacalia

Is it possible for my sister to take legal action against my father's romantic partner in Arizona, with whom he lived for over 15 years, for possession of the properties he helped her build or renovate as a gift? 

My father generously helped his partner with her rental properties, without charging any fees. However, after he had a stroke, his partner decided she no longer wants him to live there (it's her house) because she works 17 hour days and rarely would be there to help out. She also does not want us to hire someone to come in and caregive, since it would mean having a stranger in her home (which she doesn't want).

My father does not want any financial gain from her properties, as he considers it a gift to his partner. 

I am trying to stay out of this situation as I have a decent relationship with my Dad's partner. We've had or moments here and there but she has taken care of my father, cooked for him, visited him regularly in the hospital, and accompanied him to doctor appointments and would get him out and about the house on her days off.

I do not see her as the villain my sister makes her out to be, and if she raises this issue with my dad's lady friend, it would be going against my dad's wishes.

But, maybe I am wrong?

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basil67

I can't imagine what grounds your sister has to sue your father's partner, but I think that for a definitive answer you'd have to speak to an attorney.   Do you think she'll actually attempt go through with it?

She sure sounds like a piece of work!

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Weezy1973

If he’s not on title of those properties then he doesn’t own any part of them. What would she be suing her for?

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d0nnivain

Anybody can sue anybody for anything.  That doesn't mean your sister will prevail.  Under those circumstances, where your father gifted his help to his romantic partner & lived with her at her will, it sounds like your sister will run afoul of prohibitions against frivolous lawsuits if she pursues this unwise cause of action.  Dad's GF owes him & your sister nothing. 

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Alpacalia

I can't imagine either what grounds she might think she has. My father specifically said all that work he did was a gift to his partner (they're unmarried) but my sister is upset because she feels like after all the work our Dad put into fixing up his lady friend's properties, that his lady friend should give my Dad one of those properties.  

That's my sister speaking on our Dad's behalf; my Dad has not said this at all. 

So, I don't know how far she'll take this.

I feel we should just stay on his lady friend's good side, and hope if and when the times comes for my father to move back there and live with his lady friend (he's staying with me for six months while he gets more intensive therapy while on an exercise regimen by doctors) that she'll welcome him back.

All I could do when my sister is telling me this is bite my tongue because lately she is going around saying she's going to go after numerous people for various things. Not to mention, my father does not want any type of proceeds from his lady friend's properties. I said nothing, was just like "um, ok." 

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Foxhall

Your Dad appears to be getting a raw deal here so Id probably agree with your sister on this one,

Perhaps it shows " a lady friend" will not always be there through the hard times- where as one can depend on family in times of crisis.

Your Dad probably consciously made the decision- he wanted to impress a younger woman (speculation) but he was prepared to sacrifice some of his own financial security in doing so,

Id say he is hurting inside at this but is being stoic about it.

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Alpacalia

Yes, well, my Dad did a lot for my sister's homes too (he's a handy man who knows how to fix just about anything), and my sister didn't open her home up or offer to take care of my father. She said right after his stroke that her talents are best served making money not taking care of someone. 

My father's help was purely a gift and there were no agreements or expectations of ownership or financial interest. His lady friend did a lot for him too, including taking care of him after his stroke, visiting him regularly in the hospital, and accompanying him to appointments. My sister wants to try and claim ownership of the properties simply because his lady friend didn't want to help care for my father after seven months following the stroke. His lady friend works 17 hour days and 6 day weeks and felt she couldn't provide the level of care that was needed.

My sister can do what she wants but it would be going against my father's wishes and potentially damaging relationships with his longtime partner. I feel for my Dad because I know he loves living with his lady friend and misses her I'm just not sure I want to be a part of the legal drama brewing from my sister's side.

I only mention this because my sister had me on the phone the other day, insisting that she "could take legal action and get what is rightfully his." I am not sure if I want to be a privy to that development.

I do feel my Dad did more for his lady friend then his lady friend did for him in terms of physical labor for her properties. But she also would regularly cook for him, take him places and run errands for him, and provide him with a comfortable home. I don't want to see their relationship deteriorate because of my sister's desire for control.

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Foxhall
21 hours ago, Alpacalia said:

with whom he lived for over 15 years, for possession of the properties he helped her build or renovate as a gift? 

My father generously helped his partner with her rental properties, without charging any fees.

It can be argued both ways I suppose,

based on the highlighted, Id be thinking your Dad deserves a bit more consideration, if thats the right word , from the lady friend,

so I can understand your sisters annoyance,

If your Dad is adamant he still wants to be with the lady friend however, I imagine your sister probably has no choice but to accept that and refrain from taking any further action,

I think its something which should be aired between the family though- your sister's concerns deserve consideration- though properly ultimately she has to accept your Dads wishes.

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Alpacalia

Welp! My sister accidentally cut her leg shaving and had to go to the Urgent Care Center for possible staph infection. She's been calling a lot, thanking me for my graciousness and is going to purchase three new portable air conditioners for the house.

I have cathedral ceilings and it gets pretty hot in here when it's extremely hot outside.

She's flying up from the LA area to surprise my father for his birthday so I'm sure he will enjoy that.

His lady friend has been reaching out to him to see how he's doing and she wanted to take him on a trip to visit their mutual friend for their 80th birthday but my father is going to go with me and my other family to LA this summer for his granddaughter's graduation.  

I found him an excellent doctor, he spent an hour with us for our first visit and has been messaging me regularly - he seems very knowledgeable and interested in his patients.

My Dad really likes his new doctor so I feel like that's already a good sign that I made the right choice.

My sister is taking on a lot of tasks that I have been working on so I'm feeling pretty supported at this point. I am still unsure about the going after his lady friend for her properties though.

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