I have been my dads live in caregiver for several years. If he should die before me would I be able to keep the home?

Answers 1 to 10 of 13
Possibly. Is your dad on Medicaid? If he is there are many states that will leave the parents home to an adult child who have been living in the home and providing care for several years. In Washington state, I believe it is 3 years. Check with your state to see what the regulations are.

If your dad is not involved in state assistance and he owns his home. He can leave it to whoever he wants.

What's your situation?
Top Answer
Upon death, all assets become his estate. How the estate is divided will depend on his will and what is left to whom in the will and his debts at the time of death.
As Cat said, if he has been on Medicaid (state assistance), the state can try to recoup some of the costs they paid for by MERP (Medicaid Estate Recovery Program) by placing a claim or lien on any real property he owned.

If he left you the house and stated so in his will, then whomever is named the exectutor in the will goes and opens probate to settle his estate as per the will. House becomes yours and the property transferred to you via a hearing in probate. If his estate is small and there is no real debt and all there is, is the house, then in many states you can do a "muniment of title" to get the house transferred to you. This is super simple, quick and inexpensive.

If there is no will, then he is considered to have died "intestate" and how his state does property division depends on your state law. This can be quite a snake pit to deal with and requires getting serious legal to do it and prove you are the heir.

So if no will, then he needs to do one asap and leave you the house. This needs to be done by a real attorney who does estate law and probate and paid for by your dad. If you pay for and benefit, others could come back and accuse you of producing a coerced will. Bad.

Some people have a whole fear of probate or just feel no need to do it. imho that is a real mistake because you will not have a true clear legal title to the property and truly own it. I can tell you many sad stories of families who lived in their long dead auntie house's and never did probate to transfer property, then when Hurricane Katrina happened and auntie's house was destroyed, they were denied insurance claim as they legally didn't own it, or could not get rebuilding funds as they didn't own it or had to get every possible heir to sign off on the property in order to get clear title to get financing to rebuild; or there was a worthless nephew who was a lineal heir who either wanted to get paid off in cash right now to give up his 10% of the property OR better yet worthless nephew had all kinds of judgements and the property got liens on them due to worthless OR even best of all is when worthless went and applied for a grant or FEMA funds based on his partial ownership and spent all on himself. Clear property ownership very important. Get the will done!
Depends on if he has a will leaving the house to you or whoever. My mom cared for both her parents and her Dad said he wanted her to have the house but before it was put down on paper he died and the house had to be sold and divided among all the children as there was no will.
Does your Dad have a Trust, does he have his mind, does he have a will, does he need a fulltime caretaker, do you have siblings? Just living with him helping out is different than giving care that he cannot live without. A lawyer is free first time, I would definately check it out. You should be compensated now if not, there is so much to this a lot of "if" "ands" and "buts". Good Luck!
In Ohio if you are living and caring for them full time in your parents home for 3 years prior to Medicaid and there is no valid will or trusts the house deed will go into your name when their assets are gone.The state set it up this way because too often one sibling took on the full financial,personal care burden while the other siblings walked away free yet still were entitled to a cut.It was also set up this way so a nursing home could not make claim for admission and the caregiver sibling who cared for them received nothing in return.There are still some very good people working for the government who are trying to right many wrongs that have taken place over the years.In my case the home value dropped like a rock and never put a dent in my time or personal money spent but that was never the intent in the first place (material things).Love your parents and protect them but watch your back ! Know your rights so you can protect your parents and yourself.Many times the home is the only remaining asset the caregiver has because they gave up everything they had to care for their parents.Some even sell the home to care for their parents and end up with nothing.I would have a talk with a experienced elder law attorney in the state you are currently living in asap.
Depends on what his will says. If the will was done before he was incompetent, the lawyers will use that. Otherwise, if there's no will, then get your own lawyer and find out as I have this same problem.
Beware: even when a "tight" will or Trust ahs been done, all it takes is ONE attitudinal relative to undo that...EVEN when the elder is more than a little incompetent...all it takes is finding an unscrupulous lawyer to help form remake a will to that relative;s bidding, and get teh elder to sign it...I have seen some really really poor signatures, and known clearly that the elder was not competant, yet, the court honored it. My step-parent was stuck having to untangle one of those--the best she could do, was get executorship taken away from teh rotten lawyer's rotten son--the lawyer who helped that bad relative had died, leaving a bunch of "plum" estates like that, to his son, also a lawyer.
The State was not able to restore the original estate, because by then, even that brother in law had died, so there were none of the original people who put that newer will together, alive to talk about it. The State Bar Assoc could only go by what was in writing in the newer will. A HUGE travesty.
But at least, my step parent got the little Executor's stipend, which was better than nothing. Everything else was lost.
Take care of your paper trails!
Already talked to a couple of lawyers on this. NO ONE, not even the Executor or POA, can change the will as long as it was done when the person was competent. His POA is tight with his lawyer, but I have one who will fight her to the death if necessary! I also have a lot of friends who know his lawyer and will testify against her for me because they just do not like her. And I ALWAYS keep my paperwork, letters, etc. as I've learned the hard way on that one!!
I wonder if a voice recording of the parent would be admissable? I have a similar situation when my Mom was taken to a lawyer and she had just had a nervous breakdown and was admitted to a mental facility. She has since then become better becauase I took her off of all of the psych meds. My demon sister removed all of the gold from the house put her name on the house (and mine) but I do ALL OF THE WORK. I have taken care of her for 6 years and tolerated a lot of abuse. I am a RN and gaave up a good job. My Father asked me to take care of her and my sister wanted her thrown in a home. My sister is very controlling and greedy and needs to be put in her place. In this case, I think a new will needs to be made up. My Mother clearly does NOT want my sister to have all of her possessions and I do NOT want my sister in this house once my Mother passes away. It is truly ashame that people lie, cheat and steal to get what they want against their parents wishes! I have sacrificed a good portion of my life to care for my Mom and I will not sit by while the vulture flies in!
Siblingrivalry--if you want a recording to count AT ALL, it has to be a videotape, and witnessed by others who are present while it is being done.
It will not stand alone, as far as I have been told.
It has to be documented what meds she is on at the time, whether [as you know as an RN] those meds are usually taken but she's off them temporarily so her mind can clear, and some kind of statement by a Doc about her ability to think cohesively at least while off the meds that affect her mind.
OR, you can find an unscrupulous lawyer like my Gma's brother in law did, who assisted him to make a new will that was so tight, none could change a thing. He wrote in clauses that said if anyone contested it in the slightest, the entire thing would go to the Boy Scouts of America, for instance. So family got token bits, her home was liquidated even though she wanted Dad to have it [her only "child"], the brother in law got a lion's share, and the rest, ultimately, went to the Boy Scouts.
Sucks. But that is what happens sometimes.
Make a tight paper trail! You must have witnesses who can attest to your having to quit a good job to care for your Mom, and, who will sign statements [in ADVANCE!] that you do all the caregiving.
Your State should have some laws that protect your interests, too...might try checking into those.
Surprisingly, if income levels are right, the welfare department might be helpful guidance.
Or, if you have some kind s Area Agency on Aging.
Prayers for you!

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