Hello everyone, and thank you in advance for reading and for helping. For the last seven years I had to care for my mother, who had paranoid schizophrenia, and my children, who have very severe autism; they are over 18 years old. I had been living in this house since 2013 and my mother came here after separating from her partner (we live in Florida). I should clarify that I previously owned a percentage of the house which I transferred to my mother. I always thought my mother was a bit “odd,” but I never thought her condition was so severe. The day after she arrived at the house she had a psychotic break that forced me to go to court and request an order to have her committed. I didn’t know the order would be carried out so harshly — in Florida the police arrive and the person is handcuffed. Seeing a patient with schizophrenia treated that way, I haven’t forgiven myself. After that there were six Baker Act actions; on one occasion she trespassed on her neighbor’s private property and barricaded herself. In 2021, upon leaving a psychiatric hospital, she executed a Lady Bird deed in favor of my children. I felt reassured because my mother was only 67 and I thought she would live many more years, but she died in 2024 of a cardiac arrest. Now I’m worried about Medicaid. At this point, considering her illness, could I ask a judge to be added to the house? I’m worried my children will be the sole owners, and if that’s not possible — are there ways I can gain control of the house so it won’t harm their benefits?
Thanks !
If you are next of kind and your mom's death occurred in 2024 then you should already have had notice of this?
Are you the executor of any will or her next of kin? Have you opened probate?
As you can see, these are really attorney questions. I would see an attorney at once.
Can you please clarify... you seem to be worried that your Mom putting the house into a Lady Bird deed that benefits your autistic adult children (how many children?) that this may cause them to be disqualified for their (current?) Medicaid benefits and you are seeking a way to avoid this.
But your Mom already passed and I'm assuming the house is now owned by your children, correct?
If your Mom had a diagnosis of mental illness, how was it possible for her to execute a Lady Bird deed in the first place? Why did you sign over your portion of the house to her?
FYI an individual judge cannot be added to someone's asset, like a house. I think it appears you will need to become your children's legal guardian -- assuming you aren't already. Or they are assigned legal guardians by the court.
I think the wisest thing to do is to consult with an attorney who deals with estate planning and has experience with FL Medicaid rather than an anonymous globl forum of non-professionals. Plus, we don't have all the details.
First I think you do need to talk to an attorney. One that is well versed in Medicaid.
I also hope you have dated documentation that indicates your mother was mentally ill. (specifically at the time she deeded property to your adult children .. and were they adults at that time?)
I am sure others will add more valuable information that will help you.