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tempaline Asked September 2014

I live with and care for my Mom. She has no will. Who gets house and car if she dies?

I am only child. She is 97. I am 60. I moved in with her 6 years ago when she was real sick. Her octor then said she had dementia. She gets mean, stubborn, breaks things, going deaf, macular degeneration and blames me for anything she does not like. She says she will not leave me the house. I am on medacare and medacaid. Had 6 back operations, poor vision. Should i find somewhere else ro live in case she dies and the state or somebody gets the house?

tempaline Sep 2014
No she does not drive. Last year they wanted her birth certificate. She said i stole it. They would not give her a lisence. Otherwise she would be driving. She goes and walks up and down the middle of the road and rakes up the grass by the roots. She thi ks she is raking up leaves almost every day.

tempaline Sep 2014
She is not on medacaid. She gets medacare, tricare, my dads army survivor benefits and his social security. The house and car are paid for. Her name is the only one on anything. Even the phone, internet and cable that i pay are in her name. She is a very controlling person, always has been. She holds grudges against people for things they said before i was ever born and i am 60. She tells me all the time i am not getting her house that i grew up in and my daddy tried to sign over to me before he died.. the dr now retired, put her in a rehab! Nursing home 6 years ag. They kicked her out because she was so mean and hateful. On her 91sth birthday, lol.

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pamstegma Sep 2014
If she is on Medicaid, YOU are the only person who would be allowed to stay in the house, since your care has kept her out of a Nursing Home. You won't be able to sell it, but Medicaid will grant you a hardship status to stay there. The car? good grief she's not still driving is she?

jeannegibbs Sep 2014
Is your mother on Medicaid? If she is, the state could claim a right to the proceeds of selling her assets. BUT since you are on Medicaid yourself, that might be considered a hardship and an exception could be made.

If you are an only child and Mother dies without a will and no one else's name is on the deed or title, you will inherit (unless she has a legal husband). Neither the house nor car should impact your Medicaid status, since you are allowed to own those items and still be on Medicaid.

I agree with cmagnum that you can't really "count" on getting these things, but I think the chances are good.

If you feel she is close to life-end, have you considered hospice care in the home? That can be a great help to you.

notrydoyoda Sep 2014
Best not count on getting the house or car.

MaggieMarshall Sep 2014
God bless you. If there's no husband, I do believe you'll be next in line. But GeeWizz is right. You have to pay all of her bills from house and car proceeds. Of course, you don't have to sell them.

Good luck to you. You're doing angel's work.

geewiz Sep 2014
First all bills get paid with proceeds from any assets - this includes funeral expenses. To find the rest of the rules, do a search on Intestate rules for Georgia. No one can answer as we don't know about other family members exist.

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