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Physically Incompacitated Owner

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elladooley Joined: 11 Nov 2010 Posts: 2 1.67 Dollars($)	Posted: Thu Nov 11, 2010 6:06 pm    Post subject: Physically Incompacitated Owner Like 0 Dislike 0 My mom age 82 had a legal will prepared 6 years ago. She left everything to me including her home with a $40,000 bal. I am named in her will, I am POA and her Patient Advocate. She has since developed a deterioating muscle disorder preventing her from signing any docs as well affected her talking ability. She lives with me, is in good spirit, mentally alert, her communication is spelling out certain words. I have a brother and sister who have indicated they want me to sell her home and split the proceeds equally if not they will take me to court. Currently, I have someone renting the property. I want to avoid the home being taken by state should my mom need medicaid and eventually go to a nursing home. As well, should my mom die do I have any recourse in preventing this matter going to probate court. I thought about Ladybird but I live in Michigan.
dipaligopale Joined: 25 May 2010 Posts: 790 22.70 Dollars($)	Posted: Thu Nov 11, 2010 6:20 pm    Post subject: Like 0 Dislike 0 Hi elladooley , Welcome to mortgage fit, The issue will come forward for probate only if there is no proper will.As in this case there is a valid will and thus probate will not happen.If your mother happens to go to medicaid in coming future then surely medicaid does have a right to seize her property in order to collect the due amount. If you could afford her private hospitalization expenses then only you could be able to prevent her from going to medicaid. Feel free to ask any further query if you have......... DIPA _________________ 1.The best of intentions must still have directions !--Unknown author 2.When I hear somebody sigh, "Life is hard," I am always tempted to ask, "Compared to what?" - Sydney J. Harris
elladooley Joined: 11 Nov 2010 Posts: 2 1.67 Dollars($)	Posted: Thu Nov 11, 2010 7:00 pm    Post subject: Physically Incompacitated Owner Like 0 Dislike 0 THank you for the quick response. My mom only has medicare, unfortunately I recently retired and cannot afford any hospitalization expenses for her. She currently resides with me. I was hoping that if I added my name to her deed or quit claim it to me it would prevent the home from being used for medicaid purposes. I wasn't sure if that were possible since I have POA.
adonis Joined: 22 Oct 2005 Posts: 10574 Location: ALASKA 1090.82 Dollars($)	Posted: Thu Nov 11, 2010 8:51 pm    Post subject: Like 0 Dislike 0 Hi elladooley, As you have a POA on your mother's behalf, you'll be able to add your name to the property. However, you should contact a local real estate attorney well versed with the Medicare laws of your state and take his opinion in this matter. _________________ Procrastination is the enemy of your financial success

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