Transferring Title, Assets and Taxes

i would like to know my dad died without a will and my mom is not entitled to ownership of the whole house according too the laws in puertorico.. what i'm worried about is that i have an older brother who is a vulture and my other sister i can confide in her she not like that when my dad died he came over the house and have took some of my dad possesions like petty stuff he wanted my mom to move too where he live and try to convince her to sell the house and go so he can control all her assets.. well she not going because some how he tried to assault me because i told him how dare him.. he wasnt there for my dad when he was sick and mom was settle in this region what i want too know how in the world can i help her gain total possesion the house and other things.... my dad did not know about puerto rico laws but i know he wanted it all for her..... can a lawyer transfer the title too her name completely? and what law could this be.... without probate....... i want to protect my mom she elderly and i dont want him too take advantage of her i need all the advice ....

Thank you and God bless the children who help there elderly parents...

Everyone, please check with an "elder" attorney. A good one will know more than estate attorneys, etc. My sister and I were also told it was too late and that our Mom's home and assets would be lost to us as she had had a stroke and other medical problems and ended up in a nursing home. We were told about the 5 year look back and all the attorneys said it was too late. But, I prayed about it and then found an "elder" attorney and since then - everything has changed!!! We found that because I qualified for social security disability due to an accident - that my Mom even though she was already in a nursing home could give me by quit claim deed her home and also cash assets with "no" look back period. There is a law that this can be given to a disabled child even though I'm an adult, this still qualifies! DFACS tried to penalize her for giving me the cash assets and we appealed and went to court and won the decision. So, they took back the penalty and I received the home and the cash assets. I feel good about this because after all my parents have worked for and my Dad fought in active duty - they wanted what they had to be left to their children. This way, I was given the property and money and for now I'm keeping everything the way Mom had it. I'm hoping for a miracle and that she will be able to return to her home some day, but even if she can't - what my parents worked so hard for is now in my possession and I'll be able to divide it with my sister at the appropriate time. My Mama had cried and worried so much about the state taking her property that had been in her family for generations and I promised that I would do everything I could to keep that from happening. I feel so blessed that God gave us a way! Please find an elder attorney. We also found that because my Dad had been in active service, that my Mom is entitled to money each month to help with her care. They get all of her social security, my Dad's retirement and all the VA money each month - minus $50 personal needs allowance which is fine with us.

According to DFACS, the way they figure how much you have to pay for the nursing home care is this - "Each month you must pay a portion of your income towards the cost of your nursing home care. The amount you pay is determined by subtracting deductions from your income for your personal needs, the needs of your husband or wife if they do not live in a nursing home, and an amount you need to pay for medical insurance premiums and past medical bills that are not covered by Medicaid. The amount remaining after these deductions is the amount you must pay for your nursing home care."

If you can't find a good elder attorney - post back and I'll give you the name of mine! God bless you all!

I believe it is already too late. Dad is already in a Nursing Home, and Mom has only enough $ to survive month to month, with none left over to pay a lawyer. I think the house will get taken from her when she can no longer keep up with taxes, etc. We heard of "hardship" tax reduction, so that may be an option. Perhaps free counsel for Seniors??? Not easy... And we don't borrow. Still searching for answers. Thanks for all the input.

Anne- you must go to an Elder lawyer and get the house and such put in a trust which we did many years ago when the husband started having varioes medical problems it is not cheep it cost us over 4 thou but if he goes into a nursing home they can not touch- the lawyer will have all the answers-do this right away even if you think it is too late. You can ask around there are more Elder lawyers than you can shake a stick at nowadays.

I really dont know what any of my family would do if something happened to me and im not sure they care... at least thats what it feels like. So much good info. Thank You i had no idea it could be so complicated..I do not have POA and my name is not on the loan it was made when my mom was still alive.Praying is just about the only comfort i have right now..and i always have hope.Thank you.

The answer depends upon a lot of things. Do you have POA? Did you get legal counsel? Do you have siblings that may want you to account for every penny. (If so, keep good records and receipts.) If they are on SS you are responsible for how the money is spent, as "Representative Payee," or if construed as such... Best to cover yourself. Is you name on the loan? Then you will be responsible for his debt. What was his answer to the insurance question? Better check that document and get good legal counsel. When singing checks, they may come after you, especially if you are benefiting from, or living in his house. Legally, you protect your parent and yourself by signing only "Your Name as POA for...parent's name," or "...as Conservator for..." At least that was my understanding. It's always good to get proper legal advice for your particular State, and stay abreast of laws that change. While many never plan to put their loved ones in a Nursing Home, circumstances and conditions sometimes change, so it's wise to be prepared. How would he fare if something happened to you? Consider your options, pray, and hope for the best.

My father added my name to his bank accounts when i first moved in with him. He doesnt have a lot of money just his ss pension and a little retirement . I will not be putting him into a nursing home. He does have a rather large loan he pays on. I have asked him if he has the insurance on it that will pay for it if something happens to him before he pays it off. Will i be responsible for that loan because my name if on his checking and savings.?

The government looks back 5 years. It's called Divestment if you try to transfer her assets to your names. And they do it to protect Seniors from those who would take advantage of them, and to protect the government from those who don't want to pay for their own care. Why should taxpayers (you and me) pay for someone just to save that person's assets for their kids? Is that fair to whom? It's nice that she want to leave you kids something, but why should the government foot the bill for her care if she can? Sorry kids, if you won't take care of Mom, the government shouldn't have to while you walk away with the goodies! Why do you think our Government is in so much trouble? Who do you think is paying for all the debt and foolishness? Who? Some rich guy who "owes" us all something??? That is Socialism! The next step is uglier, when the Government takes it ALL away. If a Senior has assets, he should pay for his own care. Anything else is stealing. And you won't be helping Mom at all, but will help yourself into a jail cell when the Government finds out. And they ALWAYS find out! Lot's of kids tell their parents the same story, it's usually not a pretty picture, though they fool themselves into believing otherwise. Any parent foolish enough to believe it finds out the hard way. Courts and Lawyers NEVER recommend joint ownership accounts. Better rethink it.

My sister and I are trying to put our names first on my mom's checking and savings accounts. We are currently co owners of all of them. We tell our mom that nothing will change. We are just trying to save her from the govt taking all of it if she ends up in a nursing home. She thinks things will change, but we tell her we get nothing out ofit. We are just trying to help her. She dosen't want the govt to take it because she wants to leave us and our siblings money when she dies. That was our father's wants.

Thanks that is good info.

Probate is a difficult (time-consuming) way to go, but legally is the best way. Don't forget about "Divestment." If he should ever need Medicaid, they look back at assets transferred over a 5 year period, should he need greater care than you can provide at home. Contact an Elder Law Specialist, and be careful; there are good and not good ones. Praying for discernment helps. God always answers when we ask him for help.

Thanks . i will keep asking but am thinking of contacting a lawyer myself.

Don't be afraid to ask. You must, or you could possibly end up in long battle with probate.

My dad wants to leave his house to me when he passes. Does anyone know the best way to do this? Someone said he could put me on the deed as co-owner. He says hes going to do that but he never does. I hate to keep asking but i really dont want to loose the house ,it isnt much but its better not having one .

You must talk to a lawyer!