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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."
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.
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.
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.
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.
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.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
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."
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.
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.
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.
You may want to hire an attorney to have this explored in terms of your rights, and of how to explore any documents extant.
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.