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  1. #1
    Angiek74 is offline Junior Member
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    Selling / renting home under ladybird deed

    What is the name of your state (only U.S. law)? Texas

    What is the name of your state (only U.S. law)? Texas

    My grandfather died in 2007. His will was written in 2006 when he found out he was sick. He left everything to my grandmother (including their home) whom has alzheimers and has been in a nursing home for almost 10 yrs. She has no idea who anyone in our family is and has not for 10+ yrs. My mother and uncle need to do something with the home but are unsure what to do. Someone is offering to "rent to own" the home, is this possible? Can they sell the home? If they do sell or rent the home, who receives the money? (nursing home, Medicaid, mother & uncle?) After my grandfather died my mother and uncle went to an attorney and were advised to do a ladybird deed. The house is now in my mother and uncles name and they are paying the taxes and insurance on the house. The house is empty and they would really like to sell it. Although my uncle wants to rent it to make money and my mother doesn't want to mess with renters.

    Any advice would be greatly appreciated.
  2. #2
    nextwife is offline Senior Member
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    Please verify EXACTLY how the house is titled.

    Most "rent to owns" are a disaster when inexperienced sellers do them. If they are indeed the legal owners, I'd strongly recommend an outright sale.
    Last edited by nextwife; 02-23-2011 at 05:48 PM.
  3. #3
    Angiek74 is offline Junior Member
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    Thank you for your reply.

    The house is in my mother and uncles name 100% My mother said that in 2006 when my grandfather found out he was sick he told my mother that he wanted to make sure they received the house so he signed it over to them at that time. We are trying to find out if the house is sold who would receive the money (Medicaid, nursing home or my mother & uncle) would it be better to hold on to the house until my grandmother passes or sell it now?

    Thank you again for your help.

    Angie
  4. #4
    anteater is offline Senior Member
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    You are saying different things here. I'm lost.

    He left everything to my grandmother (including their home)...
    After my grandfather died my mother and uncle went to an attorney and were advised to do a ladybird deed. The house is now in my mother and uncles name...
    The house is in my mother and uncles name 100% My mother said that in 2006 when my grandfather found out he was sick he told my mother that he wanted to make sure they received the house so he signed it over to them at that time.
    If he signed it over to them "100%" in 2006 while alive, why were they going to an attorney after grandfather passed away? And how does a Lady Bird deed factor into this?

    I think that your mother and uncle should take the last couple deeds to an attorney with elder law experience.
  5. #5
    Angiek74 is offline Junior Member
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    I am sorry for not making much sense. I am learning abut a lot of this as i a discussing it here.

    I just spoke with my mother and she said that my grandfather did not change anything in his will. In his will he left everything to my grandmother, when he really started to ge sick he told my mother he wanted her and my uncle to have the house.. So he signed the deed over to them. I asked my mother why did they get a lady bird deed and she said this is what the attorney advised them to do. She said that my grandfather wanted to make sure that my mom and uncle received the profit from the sale of the house and the attorney advised them if they wanted to save the house they needed to do a lady bird deed.

    She is telling me that they were told this was the only thing they coudl do. She is also mentioning community property.

    My grandmother is in a nursing home and will never return to her
    "home".

    I hope this helps.. I am really sorry if this does not make sense.

    Thank you for your help!
    Angle
    Last edited by Angiek74; 02-24-2011 at 10:25 AM.
  6. #6
    nextwife is offline Senior Member
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    Have you actually CHECKED to see how title is NOW held? And do you have any clue what may be against title?
  7. #7
    anteater is offline Senior Member
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    Angie -

    Your mother and uncle are the confluence of a number complicated issues:

    Medicaid eligibility --> community spouse passing away --> community property --> several deed changes

    I don't think that there is anybody here that has the expertise to put these all together and provide any guidance to you. I really think that your mother and uncle need to gather all the relevant documents (no guessing) and consult with an attorney with experience in elder law (which, normally, would include extensive knowledge of Medicaid regulations in Texas).

    Do you understand what a Lady Bird or Enhanced Life Estate deed is? If not, do a search for those terms to familiarize yourself with that kind of deed.
  8. #8
    Angiek74 is offline Junior Member
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    Quote Originally Posted by nextwife View Post
    Have you actually CHECKED to see how title is NOW held? And do you have any clue what may be against title?
    Yes I have checked. The home is in both of their names (my mother and uncle) and it states that there has been 1prior owner (my grandfather) nothing against the title.

    And to the next reply.. No I am not familiar with a lady bird deed or enhanced life estate that is why i came here. It is all very confusing to me and i really appreciate the help.

    Thank you all for you help.
    Angie
  9. #9
    nextwife is offline Senior Member
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    If you are correct, and the deed is truly vested in only mother and uncle, all that stuff about Grampa and Grandma is irrelevent now.
  10. #10
    anteater is offline Senior Member
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    Quote Originally Posted by nextwife View Post
    If you are correct, and the deed is truly vested in only mother and uncle, all that stuff about Grampa and Grandma is irrelevent now.
    But I wonder if grandfather actually had the legal ability to gift what may have been community property. (Not saying that the property definitely was community, but there is likely a presumption that it was.)

    ADDED: It is, of course, speculation. But that may be what the attorney that mother and uncle visited after grandfather's death was concerned about.

    Yes I have checked. The home is in both of their names (my mother and uncle) and it states that there has been 1prior owner (my grandfather) nothing against the title.

    And to the next reply.. No I am not familiar with a lady bird deed or enhanced life estate that is why i came here. It is all very confusing to me and i really appreciate the help.
    Sooo... Did your mother and uncle do anything after consulting with the attorney that recommended the enhanced life estate deed?

    OK, but you have to ask questions about what you don't understand. When you began talking about the Lady Bird deed without any indication that you are not certain what that is, I presumed that you already had some idea what a Lady Bird deed is. Here is a link to one explanation that has links to a couple associated articles:

    [url]http://theonlinelawyer.blogspot.com/2006/07/difference-between-enhanced-life.html[/url]
    Last edited by anteater; 02-24-2011 at 02:41 PM.

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