Brother says he owns 50% of parental home won’t sign selling documents. We want to sign the condo over to any Memory care nursing facility that will take our mother and the condo plus her social security check?
An attorney is going to be your best bet, preferably an elder law attorney who is well versed in real estate law, if possible. If not, I would go with a real estate attorney.
I am in the same boat right now as mom's guardian. My sister had mom sign to add her to the deed to the house the day mom was discharged from a psych facility last year, while the guardianship proceedings were still going on. We found out that sis had stolen the majority of mom's savings also. Got a money judgment for the majority of the stolen funds, but still trying to get the house deed straightened out so it can be used for mom's care. Attorney advised that it would be a civil suit to get my sister's name off the deed.
Mom doesn't have a lot to spend on legal expenses, so I contacted the guardianship judge's clerk, and she recommended a few non-profit agencies in town that offer legal advice, as well as Legal Aid. That will be my next step.
Good luck, I hope you are able to get it resolved soon. Please let us know what you find out. Applying for Medicaid might help, but as others have said it will depend on what other transactions are involved and if any could be viewed by Medicaid as gifting. It really stinks when siblings do this kind of thing, only thinking about themselves rather than the parent's well-being.
So sorry to hear you are going through the same thing. The police et al said the entire situation is civil. I do not understand how stealing of any kind is a civil matter. I found an FBI website for Elder fraud I am going to report my brother. I am reporting him again to the IRS. I reported him to the SEC and FTC and police and APS. Doesn’t seem to make a difference. Stealing from your parents doesn’t seem to count as a crime. Scum of the earth.
Everything I know about medicaid comes from things I have read on this forum, but if that is her only asset shouldn't she be able to get medicaid anyway with a lien being placed on her half of the house by them? If so the legal battle would be between your bro and the gov't and not your circus. Have you met with an elder law attorney specifically to figure out how to navigate medicaid or have you been focused on forcing a sale?
Good thinking cwillie. She needs to go back to an elder care lawyer and just apply for Medicaid. But maybe the fly in the ointment (besides asshat brother) is 2nd mortgage 2 years ago that he took the proceeds...may look like gifting instead of stealing? Dont know, and maybe horrified has already tried that.
He doesn’t want to live in it because he has a wife and children and it’s ina specific community for older people with no children or pets. He is just a horrible greedy scum. He rented it out illegally for years keeping the money claiming “rental income loss” on my parents tax returns and claiming Homestead Exemption the entire time they were living with him.
brother is on the original Title, for what reason we do not know and only just found out, than 12 years ago he changed the Title to his benefit as Tenant in Common, this is after a first remortgage, than a second remortgage 2 years ago. Both times he took huge amounts of money doubling the mortgage. This last time putting it well beyond mother’s remaining means her social security check - which he had been using to pay the mortgage! Used patent’s social security checks to pay mortgage, maintenance, taxes, fees yet still claiming he is 1/3 owner!! Used all the rest of their assets to maintain his lifestyle. When we found out 2 years ago what he was doing we asked him to sell the condo and give the money to his mother. He got an attorney in his town and another in mother’s town. Threatened us repeatedly. We reported it to everyone who said it’s civil not criminal. Yet according to the FBI etc Elder Financial Fraud is criminal but no one wants to get involved. We offered for him to sell the condo and give his mother at least half the value. She is 86 years old. She could live comfortably in s facility for several years prior to needing Medicaid and she has her social security check. We know all about funding Medicaid which is probably why he drained their accounts methodically. This is Clearwater, FL and if anyone can refer an appropriate attorney. We tried Elder care and real estate. We need a criminal litigator. The condo is in his and her name only. We don’t want anything but her remaining years to be lived decently. AARP had a good article about this sort of Elder Abuse by children and my brother fits the profile exactly.
Nursing homes do not trade care for real estate. The cost of care over several years could exceed the one-half interest your mother has in the condo. The condo needs to be sold and money used for your mom’s care.
We’ve been trying for 2 years to achieve just that. We only found out what he was doing 2 years ago after we started investigating how it was possible she didn’t have any money. He stole it all. She has dementia and would sign anything. The new mortgage was signed when she was 84 years old. Despite her being on the mortgage Wells Fargo will not let her have a copy (we pulled it from the city Courthouse) or admit to Elder Fraud or take responsibility in any way.
Why on earth would a care facility want to own and manage real estate? I'd say find a way to get it sold at fair market value and use money for Mom's care.
Is he on the deed? Is Mom applying for Medicaid? Iif so, this is a question for them? I don't think NHs are in the reality business. The condo would need to be sold to pay for her care. Does brother live in it?
So brother doesn’t want to sell the condo? Because he wants to live in it? Then maybe he should buy out Moms 50% interest in it, kind of like people do when getting a divorce. Then the proceeds could be used to pay for Moms care. You need to talk to a lawyer.
You need to talk with an Elder Care Attorney about the best way to finance your Mother in a Memory Care facility or any nursing home or LTC facility? What if your Mom only lives for 1 year at the Memory Care facility or any facility for that matter; will the Memory Care facility still "OWN" the condo after your Mother dies or will the ownership return to you and your Brother? Will the Memory Care facility be able to sell the condo and pocket the profits instead of returning the condo to you?
You need to research the different ways that you can finance long term care. See website: https://www.payingforseniorcare.com (Just Copy & Paste URL to your browser) This website has lots and lots of information about how to finance long term care, home care, nursing home care, etc. I think that it would be helpful to you.
I am in the same boat right now as mom's guardian. My sister had mom sign to add her to the deed to the house the day mom was discharged from a psych facility last year, while the guardianship proceedings were still going on. We found out that sis had stolen the majority of mom's savings also. Got a money judgment for the majority of the stolen funds, but still trying to get the house deed straightened out so it can be used for mom's care. Attorney advised that it would be a civil suit to get my sister's name off the deed.
Mom doesn't have a lot to spend on legal expenses, so I contacted the guardianship judge's clerk, and she recommended a few non-profit agencies in town that offer legal advice, as well as Legal Aid. That will be my next step.
Good luck, I hope you are able to get it resolved soon. Please let us know what you find out. Applying for Medicaid might help, but as others have said it will depend on what other transactions are involved and if any could be viewed by Medicaid as gifting. It really stinks when siblings do this kind of thing, only thinking about themselves rather than the parent's well-being.
https://www.agingcare.com/questions/finding-a-lawyer-for-elder-financial-fraud-443437.htm
You need to research the different ways that you can finance long term care. See website:
https://www.payingforseniorcare.com (Just Copy & Paste URL to your browser) This website has lots and lots of information about how to finance long term care, home care, nursing home care, etc. I think that it would be helpful to you.