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when my daddy passed in his will he wanted myself and my sister to have the house.

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It all comes down to how is the Will written and if Dad was the only one on the deed. If the house went directly to you, meaning you and your sister are on the deed and not Mom, you own the house. But if Dad set up a life estate for Mom, that maybe tricky if Mom is receiving Medicaid. From what I read, though, Mom has the use of the house until her death when it reverts back to you. The word "tenant" used in the explanation below, IMO, means Mom would not be considered an owner.

Then as asked, were you only left Dads half and Mom owns the other half? If Mom is on Medicaid, then I would consult with an elder lawyer about how this will all work upon her death.

I know a woman who remarried after the death of her husband. In her Will she set up life estate for her #2 husband. After her death DH had a GF who moved in little by little. The son told her that his Dad was getting worse healthwise and that she had to start moving out and return to her own home because his Dad did not own the house. Well Dad died and she would not leave. In her mind a GF had some rights but the house reverted back to the kids. She eventually returned to her home but told everyone she was kicked out, like she had no place to go.

"A life estate is a form of property ownership where one person (the life tenant) has the right to possess and use the property for their lifetime, while another person (the remainderman) owns the property and inherits it upon the life tenant's death."
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Who is paying for the nursing home? Medicaid? If so there is a lien against the home and that will have to be paid.

Who owns the home? Are you and your sister on the title? If you do not know do a county search, the information is all there.
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This can be quite simple.

What are the FACTS?

What did your Father's Legal Will state? The house be bequeathed to you & your sister.
Yes or no?

If yes, you & your sister own the house (once the will is legally proved).

If no, then you do not.

Or was the house in joint names: in BOTH parent's names.
If so, if one dies, the other owns the house.

If that owner moves into care accomodation, the house is an asset to be sold to fund care costs.

I have seen before how family members have expectations & assumptions that are based on words & feelings.
Eg Have long been told & believed 'The house will be yours one day'.
This being more of an idea, a concept, a future wish but not necessarily how the will is written.
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Did you and your sister actually inherit the house when your father passed as in the two of you are the owners of it?

If your father did not ensure that the house is a protected asset, the state can come after half of the value of the property. Your mother if she was legally married to your father at the time of his death, as the legal spouse she gets half of his estate. Even if there is no legal Will.

How is your mother's nursing home bill being paid for? Does she have a LTC insurance policy?

You and your sister would do well to consult with an attorney who specializes in elder law and estate planning.
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Who is the executor of this will? Have you spoken with the executor about this?

You may want to hire an attorney to have this explored in terms of your rights, and of how to explore any documents extant.
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Did your Dad actually have you and sis inheriting the house when he passed, even though your Mom was still alive - and this was written in his legally finalized Will? If so, you'd know if you were the new owners. And you were allowing your Mom to live in the house until now - and she recently (?) went into a NH...? IF the house was only in your Dad's name, he could do this. But if the house was in both his and your Mom's name, then she now owns the house. If this is the case she would have needed to specify in *her* Will that the house goes to you and your sister. And if you two are the only surviving children of your Mom's then even without a Will you both would be the default in-in-line inheritors of her estate. But are you the only siblings? If your Mom didn't create a Will then all adult children are the default inheritors. If there's more siblings than just you and your sister, then the house goes to all siblings and you all will need to manage multi-sibling ownership after her estate is done with probate. More info would be helpful.
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BurntCaregiver Jun 8, 2025
No, Geaton. Legal Will or not, if the mother is his legal spouse she would only be entitled to half of his estate and this includes the house even if it was only in his name. His legal heirs would inherit the other half.
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Precisely how is your mom paying for her NH?

This is beyond important because if she doesn’t the $ to private pay for her NH, then she likely has filed for the LTC Medicaid program which has a required attempt to recover costs paid (by the program) from any assets of her Estate. That house in her name will become an asset of her Estate upon her death. Unless she has placed it into some type of Trust or is in a State that does enhanced benefit deeds other legal that transfers the property outside of probate.

If she’s private paying for the NH, then when she dies however her will reads determines who her beneficiaries are and they get the property as per the terms of her will. Usually the family has a probate attorney who deals with all the details on this. It’s imo kinda not a DIY

Is moms move to the NH new? If so, tends to be a steep & often surprising learning curve by POA & family as to how funding for care is dealt with in the US.
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