Selling piece of land to sister - need advice.

[DawnD72]

What is the name of your state? Louisiana

Hi everyone. I currently live in Delaware, but the land in question is in my home state of Louisiana. Here is the situation: My mom had a stroke a few years back and had to move out of her home into assisted living apartments. She also became unemployed as a result of this stroke (it was very severe and disabling). My mother owns 2 acres of land, with a house being on one acre. My dad died when I was ten years old (I'm 34 now), and he left the acre of land with the home on it to my mom, and split the other acre between me and my older sis. However, there was some sort of stipulation that my mother had full use of all the land until she passed away. After having the stroke, my mom had to go on government assistance. I know she had food stamps for certain.. not sure what else. However, they cut her off because she owns the land and the house. My sister is wanting to buy my moms acre and my half acre to get the land/house out of my mom's name, so that she can get her gov. assistance back. Also, instead of paying me the money for the half acre of land, she wants to put that money in an account for my mom, in case she has to go into a nursing home. My sister said she would talk to a lawyer and take care of the paperwork.

I have no problem doing all this for my mom. Lord knows she has done so much for me. I just wanted to run this by all of you and ask you if it seems ok for me to sell the land to my sis/sign the papers, etc. I wouldn't say my sister is not trustworthy, but we have never been that close, so I'm not sure if she's being straight with me, or not. I realize I'm giving up any claim to the land, and any money from selling the land, but it is something I'm willing to do to help my mom.

I want to add that most of the details of the situation (the way the land was split up by my dad, the reason my sister needs to buy my mom's acre and my half acre) were provided to me by my sister. Does any of this seem suspect to you? I'm just trying to cover my backside, as it were. Any advice is appreciated. Thanks!

[lcannister]

Reeks of Medicaid fraud and it will be scrutinized before they will allow your Mom to go back on assistance.

Before you sign or even contemplate such actions, as your intents seem pure, this better be run by an Estate Attorney. Sign nothing do nothing without an Atty.

[DawnD72]

lcannister,

Thank you for the information. I was told on another law forum, that if my sister goes through with the buying of the land/home, that the proceeds of the sale will go to the govt. Is this true? If that is the case, that would mean my sister could not put the money from my piece in an account for my mom.. sort of defeats part of the purpose. The person on the other forum also told me that if my sister goes through with all this, that she should buy the land/home at market value, then have the deed listed as 'joint tenancy', with the property lines being: 1 1/2 acres for my sis, and 1/2 acre for me, to protect my interests. Does this sound right to you? However, I'm really worried about this fraud thing... I certainly don't want my mother to be accused of medicaid fraud. I can't afford a lawyer. Maybe I can find a legal-aid place around here. Thank you again for helping me.

[lcannister]

In each scenario the transaction would be (sell/transfer) with the intention of committing medicaid fraud (unless ALL funds are put into a separate account for her care). It would also be looked at BEFORE she would be allowed to go back on assistance.

You can not afford to go forward WITHOUT an Atty if she is insistant. Her motives are very clear she wants to take the place so the govt will not take it to pay for mom's care, you want any sell to be put aside for Mom's care.

[DawnD72]

lcannister,

Let me see if I understand you correctly: If my sis buys the land/home, and ALL the proceeds from the sale are placed in an account, then the govt. would look at that account and base my mom's eligibilty for assistance (at least partly) on the amount of money in that account? If I'm understanding correctly then, my mom would be in no better shape than she is now. The govt says that because she owns land and the house (because of the value of it, I assume), that she is ineligible. But if she has the actual MONEY that the land/home is worth, she would still be ineligible, right? If what my sister is wanting to do is not going to help my mom, I absolutely do not want to give up my share of the land. I'm beginning to question my sister's motives, because surely she has realized some of this. She's not dumb by any means. I'm quite certain that if I don't agree to all this, my sister isn't going to want anything to do with me ever again. I know my sister will probably tell my mom I'm a horrible person and that I don't want to help her (my mom). And since my mom believes everything my sister tells her, I'm sure my mom would at the least be very angry with me. They are the only family I have left. This is going to be a very tough decision.

Please let me know if I have understood you correctly.

[cgcivy79]

Originally Posted by DawnD72

What is the name of your state? Louisiana

Hi everyone. I currently live in Delaware, but the land in question is in my home state of Louisiana. Here is the situation: My mom had a stroke a few years back and had to move out of her home into assisted living apartments. She also became unemployed as a result of this stroke (it was very severe and disabling). My mother owns 2 acres of land, with a house being on one acre. My dad died when I was ten years old (I'm 34 now), and he left the acre of land with the home on it to my mom, and split the other acre between me and my older sis. However, there was some sort of stipulation that my mother had full use of all the land until she passed away. After having the stroke, my mom had to go on government assistance. I know she had food stamps for certain.. not sure what else. However, they cut her off because she owns the land and the house. My sister is wanting to buy my moms acre and my half acre to get the land/house out of my mom's name, so that she can get her gov. assistance back. Also, instead of paying me the money for the half acre of land, she wants to put that money in an account for my mom, in case she has to go into a nursing home. My sister said she would talk to a lawyer and take care of the paperwork.

I have no problem doing all this for my mom. Lord knows she has done so much for me. I just wanted to run this by all of you and ask you if it seems ok for me to sell the land to my sis/sign the papers, etc. I wouldn't say my sister is not trustworthy, but we have never been that close, so I'm not sure if she's being straight with me, or not. I realize I'm giving up any claim to the land, and any money from selling the land, but it is something I'm willing to do to help my mom.

I want to add that most of the details of the situation (the way the land was split up by my dad, the reason my sister needs to buy my mom's acre and my half acre) were provided to me by my sister. Does any of this seem suspect to you? I'm just trying to cover my backside, as it were. Any advice is appreciated. Thanks!

Here is my question on this matter: If your father left you as an owner of part of the land but your mom has usage until she passes, how does that have anything to do with what part of the land you own and her not getting government assistance? Does your mother own all acres or not?

[BelizeBreeze]

The mother owns one acre with home. She has 'life estate' on the other acre.

Therefore, the sister can sell HER 1/2 acre to the other sis but nothing more at this point without alerting the authorities of the continuing fraud her mother is committing.

[lcannister]

Originally Posted by cgcivy79

Here is my question on this matter: If your father left you as an owner of part of the land but your mom has usage until she passes, how does that have anything to do with what part of the land you own and her not getting government assistance? Does your mother own all acres or not?

Reread the post sis wants to buy mom's home and acre then try and hide it from assistant agencies in that state so the taxpayers get to pay Mom's bills and sis gets to pocket the home and land.

Since aide was discontinued because they discovered this home and land you can bet your bippy if an application is re submitted and now the land and home are sold that the state WILL do a full investigation tracking it down.

[alligatorob]

I am not a lawyer, but I am also originally from Louisiana and I know just a little bit about the laws there.

In Louisiana there is a legal concept of usufruct, in some cases when a spouse dies property goes to the children with the surviving spouse retaining usufruct of the property. Usufruct allows the surviving spouse the right to use the property as their own. This could be the case with your land, if so it would already below to you and you sister but your mother has exclusive use of it for life.

Now having just about exhausted my vast knowledge of Louisiana law I will agree with the others and advise you to get legal advice, and in this case Louisiana Law is unique so get a good Louisiana lawyer.

[BelizeBreeze]

Originally Posted by alligatorob

I am not a lawyer, but I am also originally from Louisiana and I know just a little bit about the laws there.

In Louisiana there is a legal concept of usufruct, in some cases when a spouse dies property goes to the children with the surviving spouse retaining usufruct of the property. Usufruct allows the surviving spouse the right to use the property as their own. This could be the case with your land, if so it would already below to you and you sister but your mother has exclusive use of it for life.

Now having just about exhausted my vast knowledge of Louisiana law I will agree with the others and advise you to get legal advice, and in this case Louisiana Law is unique so get a good Louisiana lawyer.

This has nothing to do with Bayou law and everything to do with Federal law.