You say independent living, do you mean lived independently in her own home? Or did they live together in an apartment?
If she owned the home then there is may be problem if Aunt was her caretaker. You need to get a copy of the deed to see if Mom put sister on it. If you can't find it, the County clerk should have a copy on file plus info on mortgage payoff. Having a will or not would matter. See if she has a safe deposit box. People used to keep important papers in them. If she does, she should have a key to it. Lets hope that Mom kept all important papers in one place.
If there is or not a will, you need to go to your County seat Probate office anyway. I think you have to wait 11 days after her passing. If a will and you were assigned Exexutor you will be given a Short Certicate to handle Moms affairs. If no Executor assigned or no will you can become an Administrator. No will the state may get involved depends on the assets. As Adminstrator you will be able to handle Moms affairs. You will get a short certificate for this purpose too. You will need to know her assets when you go to probate. If under 20k you will sign an affidavit. No Executor or Administrator needed. Not sure, but I don't think you will have to account for her assets with an affidavit. If she has bills, any money she has will need to be paid. If you were on her accounts, then the money is yours, no probate. If Aunt, then money is her's. Check this with the bank though to make sure this is true, Insurance policies with u as beneficary are not probated but check that out too. That money is yours and doesn't need to be used for her bills. You don't pay taxes on insurance policies. Paying the bills from an insurance policy is up to you.
Now, lets say there is a will and the house, if one, was left to you. What happens to the Aunt. Can she afford to live in it and upkeep it? Like paying taxes utilities, food, medical. Can you afford to pay taxes and upkeep so she can live there till she pass or needs care in a NH? Will you have to sell, if so then Aunt needs a place to live.
Same thing if they lived in an apartment together. Can Aunt afford to stay? Will she need to downsize? Does she have enough money to live on her own?
Before any of this can really be answered, you need to go thru her papers and see what is there. Hopefully Aunt has some idea. In NJ its not mandatory for a will to be filed while the person is alive or is a POA. I think both should be. It would curtail a lot of problems.
Thank you JoAnn. I guess I wasn't clear. This is a whole new scenario. My brother has been living in Mom's home for 10+ years.(He's 58 now) It is her home, independent, no in-home health care for her. She is fine. But I had read that a sibling could get the house after being there so long. Something like that. I really guess I need to talk to a lawyer but like I said, I thought I read something here about this situation.
What you may be thinking of is the Child Caregiver Exemption that prevents Medicaid from evicting the adult child who was a caregiver for at least two years. That does not mean they gain title to it in any way. All they get is what is in the Will and only after all debts and claims are settled. Very often there is nothing left and the adult child cannot afford to remain in the home despite the exemption.
Hi Darlemon, , I understand what your saying I had the same issue. My brother from my mom's first marriage moved in with my mom over 30 years ago. Before that he lived in an apartment building my father owned rent free. Before that he lived in my grandmothers downstairs in law unit in her home. So he has been taken care of all of his 68 years. He never had jobs ( maybe a short here and there for extra cash) my mom babied him my other brother and I always wondered why her expectations of us were very different. I had a job everyday married had 5 children and then my husband passed and it was me on my own. Anyway I was in your shoes because mom had a stroke in Feb and she needed care 24 hours. Let's call this brother K. K had been living with her for so many years what were his rights? BTW K never ever even 1 day helped with her caregiving. I was her 24/7 caregiver the entire year she was alive. There are NUMEROUS issues that came to light over that time but this is not the proper forum. I called an attorney and asked the questions I was worried about. Since he had been there for so many years did he have any rights to a portion of the house? Answer- absolutly not unless mom had put his name on anything then he could be given a % of the worth which in our case was 3 ways. All three of us were trustees when she became incapacitated. My brother gets nothing from her estate that is NOT split with my other brother and I. I also wanted to know if the house was to be sold, does he have any right to stay as long as he wants? He could technically put up a legal fight if he was asked to vacate the premises. That could be held up in court for years, luckily he has not a dime to his name and since mom's death there is no longer income ( from SS) to take care of him. So I felt I had gotten the answers I needed. K has to move and for the first time in his 68 years he will have to take care of himself. Actually I just found out today the other brother L us letting K move in with him. So he will now get to live rent free again ( he's being asked to contribute to the bills in the house but no real rent. ) None of my business at all. I actually have no communication with either K or L because one served me with a Domestic Violence Restraining Order ( saying I was looting my mothers home 16 hours a day) and that cleaning out my mothers kitchen I filled the garbage can to fill that he could not get it to the curb. Brother L threatened to throw me through a window. Sorry this is not part of this. I am now assured that he gets no additional or interest in anything that does not have his name on it. Thank goodness my mother had the sense to keep everything in her name. I hope you get the same answer I did this entire situation of dealing with all of the finances and other issues is harder than it was taking care of my mom. I had NO issues with caring for her, it was my honor to hold her hand until she took her last breath.Good luck with your issues. I was just told by L that I would never win in any issue it would always be 2 against 1. I guess he had one to many street fights as a kid. the Law doesn't work that way..... Happy New Year.
I think Pam is correct. Thats if a person has been a caregiver and can prove it. Thats for Medicaid. If they prove it, they must pay taxes, utilities and upkeep to stay there. We had a poster a while back that couldn't stay in the house because his income was not enough to keep the house up.
Did her ever pay rent? Help pay the mortgage. Thats when there maybe a problem. But if he lived rent free don't think he has a leg to stand on.
Best for you to get assistance from an elder law attorney. If there is no will, then all property and assets are equally divided amongst her children.
If she owned the home then there is may be problem if Aunt was her caretaker. You need to get a copy of the deed to see if Mom put sister on it. If you can't find it, the County clerk should have a copy on file plus info on mortgage payoff. Having a will or not would matter. See if she has a safe deposit box. People used to keep important papers in them. If she does, she should have a key to it. Lets hope that Mom kept all important papers in one place.
If there is or not a will, you need to go to your County seat Probate office anyway. I think you have to wait 11 days after her passing. If a will and you were assigned Exexutor you will be given a Short Certicate to handle Moms affairs. If no Executor assigned or no will you can become an Administrator. No will the state may get involved depends on the assets. As Adminstrator you will be able to handle Moms affairs. You will get a short certificate for this purpose too. You will need to know her assets when you go to probate. If under 20k you will sign an affidavit. No Executor or Administrator needed. Not sure, but I don't think you will have to account for her assets with an affidavit. If she has bills, any money she has will need to be paid. If you were on her accounts, then the money is yours, no probate. If Aunt, then money is her's. Check this with the bank though to make sure this is true, Insurance policies with u as beneficary are not probated but check that out too. That money is yours and doesn't need to be used for her bills. You don't pay taxes on insurance policies. Paying the bills from an insurance policy is up to you.
Now, lets say there is a will and the house, if one, was left to you. What happens to the Aunt. Can she afford to live in it and upkeep it? Like paying taxes utilities, food, medical. Can you afford to pay taxes and upkeep so she can live there till she pass or needs care in a NH? Will you have to sell, if so then Aunt needs a place to live.
Same thing if they lived in an apartment together. Can Aunt afford to stay? Will she need to downsize? Does she have enough money to live on her own?
Before any of this can really be answered, you need to go thru her papers and see what is there. Hopefully Aunt has some idea. In NJ its not mandatory for a will to be filed while the person is alive or is a POA. I think both should be. It would curtail a lot of problems.
Please keep us updated. We learn from each other.
Did her ever pay rent? Help pay the mortgage. Thats when there maybe a problem. But if he lived rent free don't think he has a leg to stand on.