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My dad is still on the deed. My step mom has said her two daughters will get everything, she created a will after my father was placed in a nursing home, naming them as the recipiants of everything. Leaving me and my three sisters nothing. She spent what was supposed to take care of my dad on paying off the house and basically doing a spend down so she could claim Mediciad for him.


My sister has Durable Power of Atty for my Dad if something happens to my step mom. I'm concerned because she has asked for me to be taken off the checking account, and put her daughter on the account....I said no, I'll write checks for my Dads' nursing home if needed. I just don't trust her and would like to know what options we have. My Dad has no will.....

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You need legal advice on this. If the house is in joint names, it will automatically go to the survivor. From the sound of your post, you think your step mother will outlive your father. Anything that is your father’s alone on his death will be divided between his wife and his own children, but it sounds as if there is not much besides the house. Get legal advice now, because I think your step mother’s strategy is really hard to counter.
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How long have they been married? Wouldn't any money and property go to Step-Mom when her husband passes? You may not trust her, but she is His Wife. It seem you are most concerned about his money, while he is still living, but shouldn't his money be being used towards his care, and not his kids worrying about what's their going to receive upon his death?

Step-mom is going to leave what remains of their estate to whom ever she chooses, and unfortunately there nothing you can do about that now. I would just be concerned about your Dad's quality of life for now, and let the chips fall where they may. His Money shouldn't even be of concern at this point, after all, its Their money really, isn't it. Sounds like you have an acrimonious relationship with your Step-Mom, I'd be working on that, and taking care of him while he's still alive, for your Dad's sake, maybe then, your Step-Mom will see how the devision of their estate in the end might be more fairly devided, if you are all getting along. It seems like there's something else going here, that you aren't sharing. Money is the root off all evil, isn't it?
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anonymous836144 Aug 24, 2018
First, my Dad health and well being is the foremost of my concerns. After four years of watching her berate him, tell us we get nothing, constantly complaining about him...we've finally had it. We let her get away with everything. I'm just tired and was looking options for when he passes. I honestly hope he out lives her at this point.

I'll leave it at that, I do not owe you a full story of all the details that led us to where we are today!
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What happens with the house will mostly depend on how the deed to the house is written. If its in your father's name alone, then his wife and all _his_ children will get a share (steps get zero). If your step-mother's name is on the deed, then she will get at least half and may get it all if its a survivor deed. In our state, Medicaid will place a lean on the house and when it's sold (by your step-mother or any other heirs) the state will get a reimbursement for Medicaid expenses. If your father had no will before entering the home, then the state will have a will for him that will split his estate between his wife and his children. How much the wife gets usually depends on how long they have been married.
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If your father was diagnosed with Alzheimer’s before he signed any will, the will is worthless. But, you said there is no will. Do you mean your stepmother had her own will drawn up? Does she have POA for your father now?

You need to contact an Elder Law Attorney to figure out the legalities of all this and what rights you have and what you should do.
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anonymous836144 Aug 23, 2018
the will only applies to her, if she passes. My Dad has no will at all....
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She cannot do a Will for Dad especially when he was in a home with Dementia. The will would need to be notarized and witnessed.

When Dad dies the state will step in. Debts will have to be paid and then then the state gives the wife a % and HIS children a %. Don't think steps count. Maybe wrong. Your Smom does not know what she is talking about. Start getting things together. Proof that Dad could not do a will because he couldn't make those decisions. Call ur Probate office and ask what happens when there is no will.
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