Does it have to be probated or a small estate claim be filled?

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My sister is in the nursing home. When her husband passed away he had a small piece of property that was just in his name. Medicaid is considering it part of her assets. Is there legal help that will not charge what most attorneys charge to get this done.

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If the real estate was solely in the name of her now-deceased husband, then the ownership of that property passes under his will, if any, otherwise by the state laws on intestacy Without knowing the facts of the case (value of the property, how many children, what state), probably the property would pass to his wife, in the nursing home and be considered an exempt asset. Upon her death, the state will want to be repaid for its Medicaid payments made on behalf of your sister, and will insist on the house being sold, at that time
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Niece took over as caregiver for 90 yo Uncl & Ant has alzeimers, no children. She became owner and Trustee of their home. We were told no contact. 2 years later Uncl passed w/o us knowing ashes mailed to brother. Immediately, Trustee passed to Ant's nephew and shipped out of state, unknown. There is about 700K in bank and only 2 months later all 3 properties up for sale, about $3M. No one knows what's going on and orig will has 26 beneficiaries. Can we see if the will has been changed? What do we do now?
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If she is on Medicaid in the nursing home already and checked the box on the application that she intends to return home (regardless of how realistic that is, medically), then the state will place a lien on the house, to be repaid from the sale of the house after your sister dies. If she checked the box that she does NOT intend to return home, and just inherited a house from her late husband, the state will want her to get the house under agreement to sell, she would go off Medicaid while she spends down the proceeds. That's because she can't live in two places at once. But they won't make her sell if she intends to return home, they will just lien it. If she wants to keep the house she would need to turn it into an income-producing asset, i.e., rent it out, and use the money towards her monthly charges. That would only delay the sale until after her death, but it would not eliminate the lien.

This is tricky territory. The time to consult an elder law attorney is before the one in the nursing home inherits assets from his/her spouse.
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Dena - ?'s for you...
Is Sissy in the NH already on Medicaid OR is the property a glitch in her Medicaid application?
Did Sissy hubs just die?
is the property (in your late bils name) being viewed by Medicaid as a NON-EXEMPT asset so that it is keeping Sissy from being eligible for Medicaid AND if so, does Sissy have her own homestead (like she still has her old home even though she is in a NH).
Does BILs property just land or is there a house on it & if so, is it it vacant or rented or family living there?

The answers will help figure out what's likely going on & how to resolve.
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Medicaid will insist the property be sold and the proceeds spent down. So call a realtor and get it sold. If you want the property yourself, you have to pay fair market value for it and do a closing.
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If the house is empty, there is a question of up-keeping the property before the city closes it down due to code violations and failure to pay property taxes. That's the problem right there--the property was just in HIS name, and she's not living in there.
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Salgirl - if this is an actual situation and not trolling, you get a estate atty. who does litigation and pay the retainer so atty. can start discovery to see what was done and what if anything can be done for those that think they are heirs.

If everything was placed into trust, will does not matter anymore as that is one reason to do trusts, so trust can pass assets outside of probate. Trusts are private, so unless you are within trust, niece doesn't have to tell you squat.
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I am not trolling. At first, NTgoing care home but now her nieces home, we can't get address. They were set up with 2 caregivers daily and 1 at night, in their home. Orig will says rest of their lives. Uncl passed eoMar. The cost of NT's care will be minimal as no caregivers Why would they need 3M in liq assets. 26 nieces,nephews on both sides and 2 Uncl's siblings share equally after NT passes. NT flies Mon 5/23. Trying to liquidate all 3 properties. Anyone know good lit attorney in Los Angeles? Prop in trust, don't know about Bank account. Uncl had 2 strokes by the time niece took over. He was hard to
understand. How could she change the will and have new trustee's written in. My cuz was trustee then but we learned 2 years later uncl got mad cuz someone took a life ins on uncl and got blamed?? Uncl told his brother. Other lies which we learned after his death.
Thanks igloo
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I am in Arkansas. My sister has medicare & Medicaid. The nursing home gets all of her social security minus $40. DHS had us lease her land which is only 1.2 acres for 6 percent of the accessed value and included that in her income.
This property was just in her husbands name. Didn't know if we needed to get it into her name. They said you have 5 yrs. after someone is deceased. Also she is paying the property taxes. Should we just let it set and stop paying the taxes or probate it.

She was allowed to keep her house and land which is unlivable. It is a separate property. Medicaid has not said anything about getting the property.

There are no other heirs, they had no children.
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So make a purchase offer instead of paying a lease. Your mortgage rate would be much less than 6%.
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