littlewings
Junior Member
Sorry if this is long but the more detail, the better you'll understand my situation.
My grandmother, on medicaid, no long term care insurance, no liquid cash, has an estate with a house that is in her name (solely that name, no spouse) has to go into long term care, the state can seize the property right?
My father is acting as her caregiver and "lives" there but the his name is not on any of the assets. He is arguing that the state can't touch anything until he dies because he is living there as the caretaker and is dependent on the estate. He claims he went to a lawyer and a lawyer told him this (I think he's lying). But he is obviously not a spouse and he's not her dependent (he's not her spouse or sibling, he's not a minor, he's not blind, he's not disabled, his name isn't currently even on anything!), so I'm thinking the state could absolutely seize the house to recover costs of her care. If she goes into a facility, he is no longer her caretaker. He hasn't been living there for 3 years and in fact, I think his license still says another address.
My first question is, since my grandma doesn't have LTC insurance, everything is still in her name, and her son is "living there" but not disabled, can medicaid still seize the house and if so, when? Before or after she dies?
The story gets more complicated...
Assuming medicaid can't seize the property for whatever reason, my grandma is leaving everything she owns to her only living child (my father) once she dies. Now, my father owes IRS near $100,000.00 in back taxes and fines. They supposedly went to a lawyer and had her will set up so that the house is in a trust to him under my name (not sure how that works, I wasn't there for the meeting and I don't have copies of any of the paperwork) so that he gets everything and the IRS can't take anything away from my dad (because it's in my name but will legally all go to him?)...or at least that's what my father is telling me.
Now the hot mess...
My father is harassing me saying he's writing me out of his will and he would rather have his (and my grandmother's) estate go to the state of CT than to me or anyone else in this family. He doesn't trust me he is offended by my cards I give him on holidays and says they are not good enough. He's stopped giving me cards on holidays but expects them in return. He has a long history of psychologically abusing myself (and unfortunately his mother), not to mention drug use and he got custody taken away (me) because he was an unfit father. So basically with this "trust" he set up, he is using my name to get his mother's estate and then telling me (and surviving family members) to go **** myself.
My second question,
If he is going to act like this towards me, then I don't want him using my name to get anything from her estate (as what he is claiming). Is there anything I could do to null that "trust" so that he can't use my name to inherit my grandmother's assets? I'm honestly not sure what kind of legal maneuver he did or what it means legally that her last will states the estate "goes to him, through my name"...does that mean I will get taxed? I didn't sign anything to allow him to do that.
I would love feedback from someone who went through this themselves or has a legal background because from what I've read online, this is wrong.
Thank you in advance.
My grandmother, on medicaid, no long term care insurance, no liquid cash, has an estate with a house that is in her name (solely that name, no spouse) has to go into long term care, the state can seize the property right?
My father is acting as her caregiver and "lives" there but the his name is not on any of the assets. He is arguing that the state can't touch anything until he dies because he is living there as the caretaker and is dependent on the estate. He claims he went to a lawyer and a lawyer told him this (I think he's lying). But he is obviously not a spouse and he's not her dependent (he's not her spouse or sibling, he's not a minor, he's not blind, he's not disabled, his name isn't currently even on anything!), so I'm thinking the state could absolutely seize the house to recover costs of her care. If she goes into a facility, he is no longer her caretaker. He hasn't been living there for 3 years and in fact, I think his license still says another address.
My first question is, since my grandma doesn't have LTC insurance, everything is still in her name, and her son is "living there" but not disabled, can medicaid still seize the house and if so, when? Before or after she dies?
The story gets more complicated...
Assuming medicaid can't seize the property for whatever reason, my grandma is leaving everything she owns to her only living child (my father) once she dies. Now, my father owes IRS near $100,000.00 in back taxes and fines. They supposedly went to a lawyer and had her will set up so that the house is in a trust to him under my name (not sure how that works, I wasn't there for the meeting and I don't have copies of any of the paperwork) so that he gets everything and the IRS can't take anything away from my dad (because it's in my name but will legally all go to him?)...or at least that's what my father is telling me.
Now the hot mess...
My father is harassing me saying he's writing me out of his will and he would rather have his (and my grandmother's) estate go to the state of CT than to me or anyone else in this family. He doesn't trust me he is offended by my cards I give him on holidays and says they are not good enough. He's stopped giving me cards on holidays but expects them in return. He has a long history of psychologically abusing myself (and unfortunately his mother), not to mention drug use and he got custody taken away (me) because he was an unfit father. So basically with this "trust" he set up, he is using my name to get his mother's estate and then telling me (and surviving family members) to go **** myself.
My second question,
If he is going to act like this towards me, then I don't want him using my name to get anything from her estate (as what he is claiming). Is there anything I could do to null that "trust" so that he can't use my name to inherit my grandmother's assets? I'm honestly not sure what kind of legal maneuver he did or what it means legally that her last will states the estate "goes to him, through my name"...does that mean I will get taxed? I didn't sign anything to allow him to do that.
I would love feedback from someone who went through this themselves or has a legal background because from what I've read online, this is wrong.
Thank you in advance.