Property in probate and nursing home

[sbd5251]

What is the name of your state (only U.S. law)? SC
My mother recently passed away. She had property that was willed to her husband, my stepfather, until his death. At his death, the property becomes mine. However, he is no longer physically able to take care of himself. He has 24 hour care. I depend on family members, friends, and church members to help me take care of him. The property is still in probate. He needs to be in a nursing home. The nursing home tells me that the only way he can stay there is if we sign over the property. He has medicare and supplemental insurance. Can a nursing home do this when the property is still in probate.

Thank you for youir help.

Shirley DeLoach

 

[justalayman]

maybe I am missing something:

why is the property in concern still in probate?

and are you speaking of real estate or personal property?

If real estate, am I correct in the assumption you are the remainderman with dad having a life estate?

 

[nextwife]

EXACTLY how was title held on the house, and EXACTLY what does the will say regarding the disposition of the house in the will?

A creditor CAN make a claim against a future inheritance being probated.

 

[sbd5251]

The property is real estate and personal. Yes it is a life estate. The property is my step-fathers until his death and then it becomes mine. It is still in probate because my mother died in November. Property stays in probate for eight months.

 

[sbd5251]

The property was my mothers. The will states that the property goes to my step-father until his death and then at his death the property becomes mine.

 

[justalayman]

well, first thing:

you could not possibly sign over property that is not his and since probate is not closed out, nothing is final.

then, if this is truly a life estate, that does have a value. It is not a fee simple interest so they would not be able to take title to the property but there is value to the estate as a tenant.

You may end up having an actuarial study performed to determine the value of the life estate. The value would vary greatly depending on his life expectancy.

but ultimately, unless the life estate terminates upon your father not actually living in the home, the life estate continues and does have a value.

 

[nextwife]

The property was my mothers. The will states that the property goes to my step-father until his death and then at his death the property becomes mine.

With all due respect, that is NOT what the will says. Real estate doesn't "go" anywhere.

Does Mom's will grant him OWNERSHIP, or does it grant him a life estate? Please don't paraphrase. You need to be precise.

 

[sbd5251]

They have matching wills, where she willed everything to him and then at his death all of the property would go to me. If he had died first, his will gave everything to her. In the event that they died at or around the same time the property would be mine. I dont want to loose what they worked all their lives for to a nursing home. I had thought that Medicare and the supplemental insurance would take care of u when you needed it.

Thank you all for the services that you do. I certainly do appreciate your taking time to answer my questions.

Shirley

 

[Ozark_Sophist]

Your parents worked all their lives to take care of themselves and their family. At this point, why would you want the burden of care to fall upon me (taxpayer) so you can keep their estate?

 

[sbd5251]

Do you think that they should not have the benefit of some of those taxes that they paid in all their lives. I am a taxpayer. I work everyday but I certainly do not think that when i get to that point in my life i should have to sell everything i worked for or give my property to someone for adequate medical care. I think you must be one of those people who are extremely rich and dont have to worry about medical bills or either u think u will never get sick and need help. I wonder if you would be fell the same way if it were your parents or if you it were you and your children.

 

[nextwife]

They have matching wills, where she willed everything to him and then at his death all of the property would go to me. If he had died first, his will gave everything to her. In the event that they died at or around the same time the property would be mine. I dont want to loose what they worked all their lives for to a nursing home. I had thought that Medicare and the supplemental insurance would take care of u when you needed it.

Thank you all for the services that you do. I certainly do appreciate your taking time to answer my questions.

Shirley

Sometimes it's sufficient, sometimes it's not. Depends upon how long one is infirm and in need of full care.

We are supposed to FIRST pay our creditors BEFORE our estates get distributed.

Additionally, a will cannot control what the new owner does after they own that asset. You still have not clarified exactly what the will says it is granting him: ownership or a life estate? Which is it?

 

[justalayman]

Do you think that they should not have the benefit of some of those taxes that they paid in all their lives. I am a taxpayer. I work everyday but I certainly do not think that when i get to that point in my life i should have to sell everything i worked for or give my property to someone for adequate medical care. I think you must be one of those people who are extremely rich and dont have to worry about medical bills or either u think u will never get sick and need help. I wonder if you would be fell the same way if it were your parents or if you it were you and your children.

all of this is something you need to take up with your congressman. The laws are the laws and until they get changed, we live with them how they are now.

and now that you have stated they have joint wills, it sounds more like there is no life estate. That question MUST be answered.

basically, if they were joint wills and this is not a life estate, then the home may be able to be taken. If the step-dad only was given a life estate, then they cannot take the home but may be entitled to the value of the life estate.


so, let's back up a little bit further and try to get a clearer picture:

how was title to the house held when your mother was alive?

 

[sbd5251]

I really dont know whether it is ownership or a life estate. I am assuming that it is ownership with the will stating that everything was willed to him and at his death I inherit it. It was just a simple one page will. They have a small house. It is a 2 bedroom, one bath house with approximately 1200 sq feet and 5 acres of farmland. He would rather die than for the government to end up with his property.

 

[sbd5251]

The land and house was originally my mother's. I do not know if the deed had ever been changed to add his name to it or not. I do not think that it was.

 

[nextwife]

Does he have life insurance or other assets from which to pay his long term care expenses?

WE CANNOT answer your question until you answer ours.