Follow
Share

If my mom died in hospice in Sept 2006 and before she entered her lawyer came to her house and made her will to leave it to my daughter with no liens on it could Medicaid still take it? She was on social security she drew from my dad . They were divorced and she owed no one nothing . My daughter never filed nothing at no court house and now with me appealing my sister in court because she made her self as executor on my dad's things and he died leaving no will .. my brother keeps threatening to have my daughter's house my left her taken from her because of my sister and him taking all my father's things and excluded me out as a hire so I appealed and the judge fought my sister in a lie to become executor and my brother also and now for what my daughter told me about them taking his things there making threats to her . My court date is next month . The judge told my sister to get a lawyer . I can not afford one so I'm going with out . and she is having my daughter siphoned into court for what my daughter told me why I appealed . My brother was made to bring back some of my father's weapons . And my sister when she went in front of this Judge never mentioned them and the judge seen it . The day he died my daughter told me that my sister's daughter where he rented from ,they all went up there and took what they wanted and never contacted me . not at all . By my daughter telling me this is why I appealed and now with my brother getting fought in a lie when the judge fist asked him how many weapons and he said at first he don't know then said three and my daughter told me five and his bow and arrow and expensive tools etc .. He is threatening her through my sister's daughter on the house my mom left her . If I get anything on tape can I use it in court even if they know there not being taped if it is about the case ? I go next month for her decision on the 24th

This question has been closed for answers. Ask a New Question.
Find Care & Housing
You have a lot of questions and issues, but unless I missed something, my first question is the same as JeanneGibbs asked: Was your mother on Medicaid before she was in hospice (Jeanne, hope you don't mind that I just repeated your question)?

If your mother wasn't receiving Medicaid, the issue of their recovering her property is moot and you can move on to the other issues.

You can also research the laws for intestacy and designation of heirs for your state; that would likely be the governing principle for who gets what.
Helpful Answer (1)
Report

sly101, was Mom on Medicaid before she was on Hospice? For how long?
Helpful Answer (1)
Report

Im her mother and my siblings hated the fact my daughter inherited my mothers house and they never seen her will only me and her have it . So when my father died this year he left no will on all his assets and they took everything and let others do it to and as his daughter they never called me or told me he died I have seen no bank accounts and he retired from Oakridge nuclear plant and I have no idea what they even may of gave him or who was on his life insurence etc ..nothing except I know what he had and when my daughter came and I started questioning her is how I found out my sister who made her self a executor a month later let everyone take anything they wanted and never named things he had to the judge to make her self an executor and I had to put on my appeal who told me in which it was my daughter for she was up at her house and seen her give all my dads pre 60 weapons to my brother and then seen everyone take what they wanted .
Helpful Answer (0)
Report

At the time it would have created a undue hardship at the time because my daughter lived with her and helped her out even after she came out of the hospital and the Two day nursing home . My brother and sister is just mad because I appealed to the judge and he and my sister had to admit they got what they wanted from where my dad rented from and so did the others including who know who they gave most of his things to . He told he had the weapons to the judge that my sister never mentioned to the same judge she went infront of to make her self a executor of his estate . She filed a small estate as executor . Now we go back to court and she is having my daughter brought into court in hopes to say she did not say it to me about how they took almost everything and yet the judge already knows .. So I guess the threats there using on her there hoping it will work and yet that is why I appealed in the fist place and the judge already knows this ! I guess it made my brother mad because he finally had to tell the truth to the judge and it showed my sister who made her self a executor was untruthful to this judge . In which it did ! Now there mad at my daughter and making threats !
Helpful Answer (0)
Report

One parcel is willed to my daughter and the other was surveyed then split to sine that part over to my sister second house and land when my mother and father were divorcing . My wanted to keep her property so in order to do so . My sister with her medical law suite paid his way out of all property and he sined the second house over to my sister and agreed with his lawyer and my moms lawyer for my mom to keep it all . My sister at the time was also on Medicaid and was class action lawsuit and came out with around 70 thousand maybe more and bought his way out so they had the property seprated after he was paid off for my mom to keep her property he sined the property as a whole off then signed my sister house and half the property to her ..He signed both property deeds . Why I am wondering is because my father died and taking my sister to to court by appealing her as his executor without a will because she named things my daughter who got my moms house told me she and her daughter gave most of his things away before she made her self a executor of his estate and never included me in nothing and there mad at my daughter for telling me about my brother taking his guns and etc .. and when I went to court last friday he had to appear and asked infront of the executor about the guns that the executor never mentioned to make her self a executor. Now he is mad and so is my sister becuse they were untruthful to the judge and we have another court date . So there threatening my daughter with my moms house she willed to her !
Helpful Answer (0)
Report

ANSWER: Looked this up for you... Re: Medicaid Estate Recovery Program
The states are required to consider a waiver when taking the property would create an undue hardship.
This means, maybe they will waive their right to take the property.
Does that help at all?
Helpful Answer (0)
Report

If there are lies about ownership or hidden assets from Medicaid, can they take it? Yes, but the question remains, will they take it?
Ask yourself, why would siblings seeking an inheritance, report to Medicaid and have them take the homes?
Have your daughter hire an attorney, what is your legal interest?
Helpful Answer (0)
Report

Who owns the property? Is the front house and the rear house separate parcels?
Or, one parcel willed to your daughter by your mother?
Helpful Answer (0)
Report

I am so sorry you are suffering trying to sort this out. Maybe someone can help you, but there is no legal advice, just other's experiences, and maybe some experts who are lawyers but who cannot take on your case.
That is why I answered, trying to clarify and clean up some issues before the experts see your post and respond.
Can you state what case is pending that you have appealed and are going to court for? It is unclear.
Helpful Answer (0)
Report

MISSING FIREARMS
Contact the local authorities and the ATF (FEDERAL AUTHORITES RE:Firearms) and report that there are missing firearms.
Don't be this upset when siblings make accusations that have no basis in reality. Find out, then your Dad's estate will be probated, it could take years, the attorneys getting 1/3, and by law you will be given your share.
It is not clear at all why you are going to court.
Helpful Answer (0)
Report

It the threats there using agaist my daughter and if my mom owned the property and house could Medicaid take it after my mom put her self in the hospice and never told them like he is threatening ?
Helpful Answer (0)
Report

I already know that . It a tape pertains to my dads things why would any tape be a llowed in court ? I cant affordca lawyer not until after this last court date . Then I will decide if I can sue her daughter and her and maybe my brother . My dad his part was bought out why my mom kept the property and house . By my sister for a second house behind my moms house .
Helpful Answer (0)
Report

"Social Security she drew from my Dad"
Social Security income does not come from your Dad, but from an insurance-type pool of funds everyone has paid into, this benefit to your Mom as a divorced spouse may have been calculated on your Dad's earnings, but cannot be considered support from him, it therefore has nothing to do with him or his estate or his will.
That is why there are attorneys for probating an estate.
Maybe your daughter needs to probate your Mom's will?
That protection of the house can be paid through financing the asset.
Helpful Answer (0)
Report

after court on aug 24 Can I sue my sister and brother or just go with what the judge says and walk away ! I have seen nothing .. No bank accounts or anything . In fact after they took most of everything and my sisters daughter who he rented from never locked the house down and I never found out he even died till my other daughter seen it on face book 2 days later .Then I was told . What can I do ? Can rural legal services help go to court with me on 24th or just go by my self ? My sister has to get a lawyer . I can not afford one and my brother admitted getting the wepons and yet the judge never asked about the five . only how many he took ! And he dont have to even show back up . why?
Helpful Answer (0)
Report

To make my sister a executor of my dads things and money . The judge seen where she never listed the pre 60 wepons she let my brother have and why she granted me the appeal . I never showed up when she became executor . We do not get along and I was sick that day and showed the judge my antibiotic precipitation . My sister wants a dr statement .. The judge caught my brother in a lie and she seen my sister never mentioned the wepons and yet he only brought back three and according to what my daughter told me there was five and a bow and arrow and all the wepons were never appraised pre 60 ..what she did list in court when I went friday she tells this judge she gave away his camping trailer . Now there threatening my daughter with her house my mom willed to her.
Helpful Answer (0)
Report

No, tape not admissible in court. Hire an attorney. I am not an attorney, but on all the crime t.v. shows, your secret tape would not be ok.
One thing, though. If divorced, your mom and dad would be two separate legal entities. It would be wrong to have the court administer the estate to the heirs as if they were one legal entity.
Helpful Answer (0)
Report

This question has been closed for answers. Ask a New Question.