My mother had suffered a stroke in 2015 and was in a nursing home for 4 1/2 years when my brother decided to retire from NY and move to FL. I was POA and handled her affairs (both medical and financial). In nursing home the doctor said she suffered from incapacity. My brother took her out with my permission as POA because that was my mother's desire. 9 days later my brother took her into a lawyer, made himself POA and had my mother sign an Enhanced Life Estate Deed putting his name on it, basically, leaving him her house (which is the only material thing she has), eliminating me. Doing this also makes the house not included in probate. Does anyone know what legal action could be taken after my mother passes to stop him from inheriting the house which was to be divided as had been stated in previous wills? This is in the State of Florida.
Is she on LTC Medicaid? And if so when did she go onto it?
or
is she private pay? If so how is her NH bill getting paid and who is seeing that it and any health care bills or insurance premiums gets paid, like writes checks or does this on-line, & what is the source of income for doing this?
Is the atty who did the LadyBird Deed also the same one who drew up her last will?
Home has costs, like property taxes, insurance, utilities, etc. How is / has all those gotten paid and by whom?
House empty? Rented? Or your Bro living there?
The Home, I’m assuming, is totally paid off with no mortgage, or HELOC or other lending that used home as collateral.
By doing that, the home was & is an asset subject to however your state runs Medicaid including after death estate recovery (MERP). Any change to assets must - again must- be reporting to Medicaid- usually within 60 days. States usually all do renewals and the questionnaire is in detail as to assets and changes. So if Bro had mom do a spanking new Lady Bird Deed, that changes the status on the asset. It needed to be reported to Medicaid one way or another.
If it’s this, then you can report your brothers action to Medicaid..... if you wanted to... just saying. Medicaid can suspend or stop eligibility (so NH not getting paid & maybe get a clawback on payments as well). Or State might not recognize the after death transfer which can cloud the title on the property so no clear title issued.