salchristy
Junior Member
What is the name of your state (only U.S. law)? California
These are the facts as I know them:
1. 5 years ago my mom gave my brother and his wife $400,000 to buy a house. In return she was to live there for her remaining years. The house was bought in Livermore,CA.
2. My mom is listed on the deed with my brother and his wife, but not the
mortgage.
3. 8 months ago my mom was diagnosed with stage 4 colon cancer and had surgery to remove the cancer. Unfortunately the cancer had spread to her uterus, ovaries and rectum, so all the cancer could not be removed. She still has a tumor in her rectum.
4. After the surgery, my mom went to live with her sister in Richmond,CA to
recover and go through chemotherapy.
5. My mom had no medical insurance, only medicare. She immediately signed up for an aarp supplemental plan and began the process of applying for medi-cal. She has no money, no car just her interest in the house in Livermore. She then went to a lawyer and got a irrevocable trust to protect her interest in the house from medi-cal. She was approved by medi-cal and is now receiving medi-cal benefits.
6. Last week my brother called my mom and demanded that she sign over her interest in the house to him. My mom refused. He then threatened to sue her in order to sell the house. Two days later he sent an email to her stating that a real estate agent will be coming to see her in Richmond with papers to sign in order to sell the house. The house has gone down $200,000 in value.
So this is where we are at now. Can my brother force the sale of the house? If he can, is there any way we can ensure that my mom can get some of her money back? And if she does get money from the sale, how will this effect her medi-cal benefits? What should we tell the real estate agent when he comes? Should we get a lawyer?
My mom is currently going through chemo and has hardly any energy to deal with this nonsense. We have no money and no idea of what to do. Any help or advice that anyone could give us would be greatly appreciated. Thank you all so much for your time and help.
These are the facts as I know them:
1. 5 years ago my mom gave my brother and his wife $400,000 to buy a house. In return she was to live there for her remaining years. The house was bought in Livermore,CA.
2. My mom is listed on the deed with my brother and his wife, but not the
mortgage.
3. 8 months ago my mom was diagnosed with stage 4 colon cancer and had surgery to remove the cancer. Unfortunately the cancer had spread to her uterus, ovaries and rectum, so all the cancer could not be removed. She still has a tumor in her rectum.
4. After the surgery, my mom went to live with her sister in Richmond,CA to
recover and go through chemotherapy.
5. My mom had no medical insurance, only medicare. She immediately signed up for an aarp supplemental plan and began the process of applying for medi-cal. She has no money, no car just her interest in the house in Livermore. She then went to a lawyer and got a irrevocable trust to protect her interest in the house from medi-cal. She was approved by medi-cal and is now receiving medi-cal benefits.
6. Last week my brother called my mom and demanded that she sign over her interest in the house to him. My mom refused. He then threatened to sue her in order to sell the house. Two days later he sent an email to her stating that a real estate agent will be coming to see her in Richmond with papers to sign in order to sell the house. The house has gone down $200,000 in value.
So this is where we are at now. Can my brother force the sale of the house? If he can, is there any way we can ensure that my mom can get some of her money back? And if she does get money from the sale, how will this effect her medi-cal benefits? What should we tell the real estate agent when he comes? Should we get a lawyer?
My mom is currently going through chemo and has hardly any energy to deal with this nonsense. We have no money and no idea of what to do. Any help or advice that anyone could give us would be greatly appreciated. Thank you all so much for your time and help.