Medicaid what my mom was on an yes 5 other siblings no will my brother was living with her An helping to take car of mom tell it got to much to all of us any feed back would be appraised
Sunsation, you posted this same question again so please remove the most recent one so there's no doubling of efforts to help you.
- did your mother leave a will? - If so, who is the executor of your mom's estate? Who is the legal owner of her home? - If no will, it will have to go into probate and can be contested by anyone. - If your mom was on Medicaid the state will come to claim her home as an asset. I don't know what that process looks like but others on this forum probably do. The "look back" for assets by Medicaid is 5 years so any assets that your mom transferred to you within the last 5 years will come under scrutiny.
Regarding the house situation right now: Whoever is the legal owner of her home will need to file an eviction notice for anyone that needs to be removed. This is a legal process. The eviction form can usually be downloaded from your state's government website (and this may be different for each state). Some states have squatter's rights laws which is a whole other issue which may require an attorney. Once the eviction notice is filed (and there is usually a fee to do this) the notice needs to be posted at the home and the people living there have 30 days to get out. If they don't get out by 30 days they can be forcibly removed by the police. Good luck.
No one can tell you how long he will be able to stay. Call your County Medicaid office and ask for a phone # of someone you can talk to to get a form. Like I said, if Moms home was brothers main residence he may not be made to move. He will be allowed to live there until he dies or moves. He may have to show he can afford to live there.
Yeah my mother was on Medicaid and then my brother paid $200 every month being able to be in there there are five siblings currently living outside of my brother my brother is currently living there and caring for her pets and And the House how long does he have to live there We are not sure where he would go as he lived on social Security Check
If she was on Medicaid you should get a form to fill out about what is in her estate. Its now the house. A question will be asked if a family member lives in the house and is the house considered their residency. It also had to be Moms before she went into a nursing home. Him being her caregiver is a plus too. If this is OKd, a lean will still be put on the house but not recouped unless ur brother sells or dies.
Yes she went in nursing home after being told she had dementia and could no longer take care of her she used up all her $ in her account and was then put on medicare she passed away and my brother still lives in her home it’s not worth much but you know where to go !!! He pays her utility bills and insurance on the house
Lots of things depend on answers to different questions. Againx100 touched on many of them Do you/does he have a lawyer? Or did your mom? That might be the place to start. As of right now he can live there but bill need to be paid as well and he should be paying those now. But he should be prepared to have to move out if that becomes necessary.
Was your mother the sole owner of the house? Are there any liens, mortgages, etc on it?
Did she have a will? Is the house left to your brother? Or everything in her estate to be split equally between her heirs?
If the house needs to be sold, I guess there would be no harm in your brother living there while he gets the house ready to sell and even while it is for sale IF he can keep the house in good enough condition for showings.
- did your mother leave a will?
- If so, who is the executor of your mom's estate? Who is the legal owner of her home?
- If no will, it will have to go into probate and can be contested by anyone.
- If your mom was on Medicaid the state will come to claim her home as an asset. I don't know what that process looks like but others on this forum probably do. The "look back" for assets by Medicaid is 5 years so any assets that your mom transferred to you within the last 5 years will come under scrutiny.
Regarding the house situation right now: Whoever is the legal owner of her home will need to file an eviction notice for anyone that needs to be removed. This is a legal process. The eviction form can usually be downloaded from your state's government website (and this may be different for each state). Some states have squatter's rights laws which is a whole other issue which may require an attorney. Once the eviction notice is filed (and there is usually a fee to do this) the notice needs to be posted at the home and the people living there have 30 days to get out. If they don't get out by 30 days they can be forcibly removed by the police. Good luck.
I would check with the utility companies, I think he may be violating some laws by having utilities in her name after she has died.
Againx100 touched on many of them
Do you/does he have a lawyer? Or did your mom? That might be the place to start.
As of right now he can live there but bill need to be paid as well and he should be paying those now. But he should be prepared to have to move out if that becomes necessary.
I guess that depends on a few things.
Was your mother the sole owner of the house? Are there any liens, mortgages, etc on it?
Did she have a will? Is the house left to your brother? Or everything in her estate to be split equally between her heirs?
If the house needs to be sold, I guess there would be no harm in your brother living there while he gets the house ready to sell and even while it is for sale IF he can keep the house in good enough condition for showings.