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My father in law passed away Sept. 2015 without a will. My mother in law is living in a nursing home. Because of a sibling who is bi-polar and uncooperative the court has appointed a representative for the estate to handle the probate. In the mean time the bipolar brother continues to live in their house, has sold their possessions, and is not allowing the court appt'd rep on the property. My f-i-l had a business which has been sold and the money is part of the estate, which has not been settled. For the past 22 months my husband and I have been paying for my m-i-l's nursing home and we have run out of money. The bi-polar brother and 4 sisters have not contributed to her expenses and they are anti anything that might affect money they might inherit from my m-i-l. But, as I said, my husband and I are out of money and we need to do something to take care of this 83 year old woman who needs nursing care. Is a Miller Trust something that we could look at having set up before the estate is settled? After the estate has been settled I understand that her portion of the estate would go into the trust and be forfeit to Medicaid to recoup any money Medicaid has spent. My husband and I have been on the edge, sometimes having to decide between our mortgage and her care. I honestly don't care about any inheritance, and I sure don't care if the siblings inherit anything - I just want to quit hemorrhaging money!

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It sounds like you should get in touch with an Elder Care Attorney. You may be able to get your husband's siblings on board if they believe it will keep the estate intact.
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