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my mom has been in an iowa nursing home for almost 2 years (with Medicaid). we are in the process of trying to sell her house (dad died 2 years ago). there are some pieces of furniture that I would like to have. my brother (executor) doesn't want any furniture removed from the house. he is nervous that the realtor and people who have looked at the house may tell dhs what was in the house and what is missing at the estate auction and that he will get in trouble. I feel this is highly unlikely. putting my brother aside, what can we legally take? thanks!

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It might be that your items were worth enough money that it would have mattered to Medicaid, but what I learned from my mom's estate sale was that I should have kept more "stuff" - well, at least a FEW more items - because it all sold for a pittance, and a few things were worth more in sentimental value to me. It strikes me as sad that you could not have been given first dibs on some things that would have meant a lot to you and just paid a fair market value. Brother may have been nervous with his responsibilities, or just one of these folks with no sense of "sentimental". I know I had some fears too and was overly careful to keep only inexpensive things. I'm sorry for your loss! I found it emotionally hard - and still someitmes do - to think that house I grew up in is not there/not the same any more. I do have LOADS of pictures though.
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omg that's horrible!!! :(
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Mopandj Omg.. I would be so pissed..I would go on Yelp or any and all review sites and give that Auction Co. The worst reviews possible.
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well.....here's the rest of the story....
mom's house did sell. i kind of gave up on trying to take much from the house. my husband and i decided to go to the auction and bid on what i wanted. auction house came on october 5th and cleaned out the house. they told us the auction wouldn't be for a few months since there was a lot to go thru (dad had 1000s of die cast toys) and they also gave the impression that they would wait for more items from other estates to add to the auction. they had the auction on october 20th. they did not contact us with a sale date. i got none of the items that i wanted. the auctioneer advertised it on his website for 7 days. i feel sick.
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Just call the Atty you used to make him POA, he'll know the answer
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Mo - How is the house listed? Often a house is listed "as is" or "as per existing contents" and so then whatever is in the house from the refrigerator to the chest of drawers in a bedroom is considered as a potential part of the sale.

Go onto your local MLS, or Trulia to see how the property is listed.

Ok so bro is executor for dad's estate. What is in dad's will as far as who get's what? Most couple's have it so that they inherit each others stuff. If that is the case, then your mom inherits the house and it's contents. Then mom can determine who gets what or doesn't get.

Personal property (like clothing, books, etc) is usually excluded from probate and from Medicaid asset list. But items of "significance" like expensive jewelry or true valuable antiques has a value that I bet Medicaid is expecting to be included in a spend-down. The problem is 1 person's idea of value is different from another's.
So are these true antiques?
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Not sure if you've seen this or not, and it's not real clear,b ut here's some info pertaining to Medicaid in Iowa:
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i have been googling and googling Medicaid/dhs info and can't find an answer to my question. my brother wants a "for sure" answer on what is legal. neither of my brothers have an interest in the furniture. they want to send it to auction and have me bid on what i want. thanks for your response.
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If there are family members willing to take family heirlooms, that should not cause a problem. Furnishings are not usually part of the sale of a house - why would he want them sold to complete strangers?? I believe furnishings are exempt from medicaid, aren't they???
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