Follow
Share

I was forced to take care of my dad after I had a stroke and moved in the him and my stepmother. The my step mother died. The charged me rent them my sister had power of attorney and embezzled my social security diasbility. I wacthed him 16 hours a day nearly 2 1/2 years. The house has a reverse morgtage on it and i to be sold. What are my rights. He is now in a nursing home.

This question has been closed for answers. Ask a New Question.
If your father is still alive, there's no inheritance yet. Even if he has assets, they may be used up paying for his nursing home. If your sister has taken your money or property illegally, you can report her to the authorities or possibly take legal action to recover the lost amounts. You would need to consult a lawyer about this.

If you're asking whether you have the right as the caregiver to stay in your father's home, the answer is probably no. Generally a reverse mortgage will require the homeowner to remain in the home; if the homeowner vacates the home, it will become property of the bank. If there are any assets left after your father dies, they will be distributed according to his will or, if there's no will, then the intestacy laws in your father's state. The fact that you were the caregiver doesn't give you any rights unless your father made provisions for you in his will.
Helpful Answer (2)
Report

I'm sorry to be so blunt in asking, but how disabled are you as a result of the stroke, and do the Social Security people regard you as living in the home as your father's (former) caregiver, or as his and your stepmother's dependent adult child?

Am I correct in understanding that your sister held Power of Attorney for you, and abused it by keeping the money she was supposed to use for your benefit?

Have you considered asking the Social Security people for advice going forward? There must be resources for people in your special situation, I'd have thought.
Helpful Answer (2)
Report

I do not know how a reverse mortgage would affect this but in NYS if a relative has lived in the house with the parent for over 2 years they are often permitted under Medicaid to remain for their life time. I don't know if you could afford to this on your SSDI which I am assuming you have.
As far as your sister is concerned it may be fraud and you will have to take legal action to get access to your benefits. Does she have POA financial for you.
Helpful Answer (0)
Report

The reverse mortgage is really the deciding factor. You would have to have enough money to pay off what is owed on it in order to have it. If there is a reverse mortgage on the house, your father's equity in the house may be small. He would not be in a position to leave it to anyone. That includes a caregiving child. No one can inherit what isn't owned.

If there are any assets, distribution would be spelled out in the will if one was written. Do you know who the executor is?
Helpful Answer (1)
Report

Here's the stickler; if you claim you were a caregiver, you have to pay back all your disability because you were working. So let's not say you were working. Medicaid would probably grant you an exemption to stay in the house based on your disability. BUT reverse mortgage holders are not so kind. They just take the house. You should be eligible for a subsidized apartment if you are low income and no assets. Ask the county office of the disabled to help.
Helpful Answer (1)
Report

I don't know if in this case it would be considered working. He was paying rent to his parents for his upkeep. Perhaps more of his money was going to utilities and groceries. This may have been how POA sister was using his money -- including it with his parents' money in executing her duties. Providing unpaid care wouldn't be frowned on by SSDI or SSI. Sometime disability even allows for a certain amount of paid work as long as it's not too much. I have a friend on disability who made crafts to sell on Etsy. The money was not much, so was allowed.

Reverse mortgages can be such a problem. None of the big banks will mess with them now. The companies that got in so much trouble for sub-prime lending ten years ago are the only ones that handle them now. BOA pulled out of them a couple of years back because of the problems that went with them. I wish they would quit doing them at all. The only people who need them are those who can't afford them.
Helpful Answer (3)
Report

You do not have to pay back all your SSDI. People are encouraged to try and work. It sounds like you were an unpaid caregiver. You should get control of your own money. Is it coming to you or someone else as your representative payee? Did you give POA to someone for you? Are you happy with the situation? If not, revoke it.
Helpful Answer (1)
Report

This question has been closed for answers. Ask a New Question.
Ask a Question
Subscribe to
Our Newsletter