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Kyle6464

Junior Member
What is the name of your state? Minnesota

Hey guys whats up i have a little problem here. I have lived with my grandparents all my life and my grandmother is desesed and my grandpa is in the nursing home and has the beginnings of ahlztimers. Somehow my mother got power of attorney but my real question is that he willed his house and estate to me and i was just wondering if it is possible for the power of attorney to put the house in my name while he is still alive so the nursing home wont take it away. I have heard things like it can be done if he has 3 yrs nursing home money in his acount or i have heard that he could "sell" it to me for like a dollar im not really sure what to think. I have gone to 2 different lawyers and they both told me different things. And i was also wondering if power of attorney is still in affect after my grandfather passes away. My mother said she got the house in my grandpas name and in mine but im just wondering if she can come back and assume me for 50% of the house since it is in both our names. If i could get some help it would be greatly appreciated sorry for the sloppy writing im in a hu7rry!!!
 


Shay-Pari'e

Senior Member
Kyle6464 said:
What is the name of your state? Minnesota

Hey guys whats up i have a little problem here. I have lived with my grandparents all my life and my grandmother is desesed and my grandpa is in the nursing home and has the beginnings of ahlztimers. Somehow my mother got power of attorney but my real question is that he willed his house and estate to me and i was just wondering if it is possible for the power of attorney to put the house in my name while he is still alive so the nursing home wont take it away. I have heard things like it can be done if he has 3 yrs nursing home money in his acount or i have heard that he could "sell" it to me for like a dollar im not really sure what to think. I have gone to 2 different lawyers and they both told me different things. And i was also wondering if power of attorney is still in affect after my grandfather passes away. My mother said she got the house in my grandpas name and in mine but im just wondering if she can come back and assume me for 50% of the house since it is in both our names. If i could get some help it would be greatly appreciated sorry for the sloppy writing im in a hu7rry!!!

Gee, do you think you could actually wait for the dear man to pass away?
 

ellencee

Senior Member
Kyle6464 said:
What is the name of your state? Minnesota
Hey guys whats up i have a little problem here. I have lived with my grandparents all my life and my grandmother is desesed (deceased)and my grandpa is in the nursing home and has the beginnings of ahlztimers (Alzheimer's).
Make a point of learning to spell words that you will use in communicating with others.

Somehow my mother got power of attorney
Your mother got power of attorney because a) she's his child, and b) she was smart enough to get it before you did.

but my real question is that he willed his house and estate to me and i was just wondering if it is possible for the power of attorney to put the house in my name while he is still alive so the nursing home wont take it away.
If there is such a will leaving you his house and estate, take the will to an attorney for safe-keeping. No; it is not possible for the power of attorney to put the house in your name in order to prevent the house (his portion) from paying for his nursing home care. The laws pertaining to such allow a certain percentage of the value of his house to be transferred yearly to another person; however, your mother has (supposedly) transferred more than the allowed amount from his estate to you. (You should have signed some papers in front of an attorney if the house is also in your name.) It may be five or six years before any additional interest in his portion of the house can be transferred to anyone. It is not the nursing home who will recoup payment for his care; it is the state. The taxpayers of your state are not responsible for caring for your grandfather. He provided for himself and for his future by having assets available for him should he require the care that he now requires. The state will recover as much from his estate as the law allows; you and your mother and other heirs will benefit from what is left over.

I have heard things like it can be done if he has 3 yrs nursing home money in his acount or i have heard that he could "sell" it to me for like a dollar im not really sure what to think.
If he can pay for three years in a nursing home, only the amount over that will be paid for by the state and then recovered from his estate. He cannot sell his portion of the house to you for less than the fair market value.

I have gone to 2 different lawyers and they both told me different things.
So, go to a third one.

And i was also wondering if power of attorney is still in affect after my grandfather passes away.
No; he'll be dead and will have no further 'acts' for which someone could represent him.

My mother said she got the house in my grandpas name and in mine but im just wondering if she can come back and assume me for 50% of the house since it is in both our names.
I have no idea what you mean by "assume" you for 50% of the house. Your grandfather's 50% will be divided among his heirs.

If i could get some help it would be greatly appreciated sorry for the sloppy writing im in a hu7rry!!!
You should set aside some time to get your facts together, consult with an attorney, and do whatever you need to do to protect your 50% of the house (if it is truly yours).

EC
 
Last edited:

pojo2

Senior Member
Kyle6464 said:
My mother said she got the house in my grandpas name and in mine but im just wondering if she can come back and assume me for 50% of the house since it is in both our names. !

How is it in your name and Grandpa's? Tenants in common or JWROS? You absolutely sure how Mom got the deed recorded? :)

What a loving grandchild you are.

wondering if she can come back and assume me for 50% of the house since it is in both our names

Depends on how it it titled/deeded.

Warning you might think about "like son like mother" and think about all the things Mom can/already has done as POA to legally or illegally get your estate funds in her name.:)
 
Last edited:

BlondiePB

Senior Member
my real question is that he willed his house and estate to me and i was just wondering if it is possible for the power of attorney to put the house in my name while he is still alive so the nursing home wont take it away.
Sorry, it's too late for gramps to be a burden on the taxpayers when he has assests to pay for his nursing home care.
I have heard things like it can be done if he has 3 yrs nursing home money in his acount or i have heard that he could "sell" it to me for like a dollar im not really sure what to think.
Stop listening to "heresay". Now that gramps has alzheimer's, he does not have the mental capacity to sell you anything.
And i was also wondering if power of attorney is still in affect after my grandfather passes away.
No.
My mother said she got the house in my grandpas name and in mine but im just wondering if she can come back and assume me for 50% of the house since it is in both our names. If i could get some help it would be greatly appreciated sorry for the sloppy writing im in a hu7rry!!!
Again, that's just heresay. Any guesses on what the state will do if Medicaid is applied for for gramps and it is discovered that the deed was recently changed on his home? Gramps is entitled to have his assests pay for his care. That's more important than your greed.
 

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