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Dees1963 Asked December 2017

What happens next?

My Mom's on hospice. I've been living with her/taking care of her 24/7/365 with no respite since her stroke 9 1/2 years ago, while working full time (we have a caregiver that comes when I'm at work). Mom has been receiving 20-25 hours/week of homemaker/caregiver assistance from the county (Illinois) since her stroke. She did not qualify for Medicaid. My question is, what happens to Mom's home when she passes? Will it have to be sold or does it go to me? My brother is her POA and doesn't know. Mom has no will, no other assets. I'd like to continue living there. I feel very unsettled about my future living arrangements. I do still own my own house and carry a mortgage on it, and rent it to my son. My family is OK with me having Mom's house, they don't expect anything out of it, I just don't know if it will be taken by the county or not. Does anyone know?

Dees1963 Dec 2017
Thank you, freqflyer.

freqflyer Dec 2017
Dees, I agree with Midkid, if there is no Will, then you will need to place the estate in Probate with the County/City. It will be up to the Probate Judge to decide according to State laws, what happens to the house.

So sorry to read that your Mom is on Hospice. Once she passes, it will be up to someone [the Probate Court will choose someone to represent the Estate, chances are it might be your brother], to pay property taxes, homeowner's insurance, utilities, etc. until Probate is signed off. It could take up to a year or more.

That is great that the County is able to send over a caregiver to work part-time. Your County must have excellent programs. I haven't heard of anything like that outside of being on Medicaid.

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Dees1963 Dec 2017
Thank you for your quick response. She has advanced dementia.

Midkid58 Dec 2017
You need to consult an attorney versed in this kind of thing. No will? Probably her estate will go to probate, meaning, you wait it out while the state takes over.

Talk to your brother, too. POA is null upon mom's death. He won't be able to do much.

Is mom able to make decisions still or is she not mentally sharp enough? If she even makes a very short will before she passes, it will save you a ton of heartache.

Good Luck.

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