Aunt’s giving me her house in her will?
My great great aunt is 95 and has dementia. 3 years ago in her will she gave me her house. I’m already on the paperwork for the house. I’ve paid property tax on it for 3 years now. She has taken a turn for the worst and they will be placing her in a nursing home soon. My family has told me I can’t have the house until she passes away. When would I actually get to move into the home?
- zipperLv 66 months ago
Your family is correct, I went throw the same thing with my mother. If she is placed in a Nursing Home every thing in her name must be cashed out and placed in trust to pay the Nursing Home bill. I mean every thing: her home, life insurance, bank account, stocks, bonds every thing has to be cashed out/sold. Now you could buy the house at market value if you can afford it. You or someone will have to do a prepaid funeral arrangement for her as well. Which is not easy to do because you feel like your wishing they were died. It would be better off for everyone if she passed away quickly, even her.
- BLv 76 months ago
when she passes, assuming the house was protected from creditors, it is yours.
definitely spend $200 and go to a lawyer for a review of the will and other documents because if the family pledges the house (which is still hers) you won't get it, the creditors will get it. like the other responder said, Medicaid may protect the house, but if she isn't on Medicaid, the rules of the nursing home prevail, beware of this situation.
- kimLv 76 months ago
If she does. not have long term health insurance that pays for the nursing home, then the home will go to pay for that.
- EvaLv 46 months ago
It depends on how the house is titled. Look at the deed or check the county clerk's database. If you are listed as a joint tenant then you are a part-owner and can move in any time you like. If you are listed as the sole owner with your gg aunt having life estate, you can also move in. Be aware that medicaid has a 5 yr lookback, so any transfers that happened within that time are looked at as if they never happened.
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- ocularnervosaLv 76 months ago
After probate court and a title transfer.
- charlatanLv 76 months ago
your family said it correctly.
- curtisports2Lv 76 months ago
But there's a discrepancy with your story. She can't give you anything in her will until she is dead. And you say you are 'on the paperwork' for the house. She could have put you on the deed, giving you an ownership interest in the house, at the time she did it, and full ownership could pass to you when she dies if the wording on the deed says so. We don't know what the deed says about you, if it says anything at all. And if she DID do that, then there is NO reason for the house to be mentioned in the will.
Let's say you are not on the deed but you are in the will. If she has no other money to pay for her nursing care, then Medicaid will pay what her Medicare does not. And Medicaid will place a lien against the house to get that money back from her, or her estate if she dies. It's possible there will be no money left, the house will be sold to pay the lien, and there will be nothing for you. You will have paid those taxes for nothing.
Now, let's say you ARE on the deed, and the deed is written that you and she are joint tenants with right of survivorship. Upon her death, the house would automatically be yours - it bypasses her estate completely. However, there may still be the matter of a Medicaid lien. It would depend on the laws of your state if Medicaid could collect only half of the value of the property, her half, and could not touch your half, or if the entire value can be taken to pay the Medicaid lien.
If your family is telling you things instead of actually showing you documents, then you need to get yourself your own lawyer to look into this for you.
You could start by asking a friend to go with you to the clerk's office for the county where this house is. Tell the clerk you want to see the latest recorded deed for the property and you don't know how to look it up. Someone there can help you. That deed, which you can make a copy of (there may be a small fee), will tell you exactly who owns the property.
- Anonymous6 months ago
Kind of in a hurry to get your house I see, after will probated is when you get house if she did not change it again.
- 6 months ago
Once the title passes to you, which is at the soonest when her will is read.
- RichardLv 76 months ago
It can vary a lot. The executor of the will and/or the attorney handling the estate can tell you.