Several weeks ago we wrote about the story of John Potter, a 92-year-old Ohio man and World War II veteran who is being evicted from his home by his own daughter. The story started when Potter granted his daughter financial power of attorney in 2004 when he and his now-deceased wife began experiencing health problems. After realizing in 2010 that his daughter had used her position to transfer title of his home into her name, Potter went to court to try to get the property retitled. An Ohio appeals court ruled against him because the statute of limitations on the matter had expired.
Though he failed to win the legal fight, and with the aid of his granddaughter, Potter waged a successful Internet fund-raising campaign that raised over $125,000. His home was valued at about $50,000, so it appeared that Potter would be able to purchase the property back from his daughter.
However, Potter’s daughter, Janice Cottrill, refused his offer to purchase the property and the two are now headed back to court. Though no trial date has been set, the two sides will go to court to determine if the eviction can proceed and if Cottrill can remove her father from the home he built and lived in for over 55 years.
If the two sides cannot come to an agreement before they go to court, an Ohio court will have to rule if Potter loses the right to stay in his home.
Michael Robinson, Estate Planning Attorney
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