Father ill, step mother in nursing home

[stephv710]

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

My husband's 83 year old father was just diagnosed with cancer. His wife has been in a nursing home on a ventilator for 8 months and is not expected to survive. We are trying to get as much in order as possible since there is no will. While there are few assets, it is still a sticky situation as there are kids on each side. We are trying to determine what would happen in each scenario.

Dad only has a truck, travel trailer and some personal items that he wants my husband to have. There is no money, home, or anything else of value. The vehicles are in both of their names, but she is not in any condition to sign anything over. They each have a life insurance policy, leaving the surviving spouse $10,000. What my husband is trying to avoid is if his father passes first and everything is left to the incapacitated wife. Then when she passes, all of his father's possesions will go her drug addict son who has not seen her in 15 years? This just does not seem right.

Is there anything we can do now to avoid this? Can he sign over these vehicles if his wife cannot sign off on them? Can he change the beneficiary on his life insurance policy while she is still alive? It's just a mess and my husband is taking care of his Dad. I would hate for someone else to come in and take everything that my husband deserves.

Thank you!

 

[stephv710]

I need to add that the wife is on Medicaid so I am assuming that her life insurance and any life insurance that she would get from my father in law would be taken by the state if he passes first?

 

[CSO286]

I need to add that the wife is on Medicaid so I am assuming that her life insurance and any life insurance that she would get from my father in law would be taken by the state if he passes first?

This is correct.

Your FIL needs to update his info and create a will so that his wishes are known. Otherwise, expect a firestorm.

 

[commentator]

I do not think you've got anything to worry about as far as "drug addicted son" being able to get anything from his mother. The thing is, if she is on Medicaid, she has already been "pauperized." Which means that any assets that she had before, or any that happen to come her way go directly to the state to help cover the cost of her medicaid. Which actually, is exactly what should happen. If your father in law passes on first, and his assets go to her, (and rest assured, there will be about $10,000 worth of final expenses, even with the cheapest of final arrangements.) Then, if he has no will and his things go to his surviving children and to her, it will be in portions and her section will all be taken by the state.

If your father is still able to make a will, why doesn't he do so?If he then passes away before he runs out of assets and doesn't have to go on Medicaid to pay his medical bills, maybe some of his things will go to you and your family as per his wishes.

He does have to realize, and you do too, that if he runs out of assets before he passes away, requiring serious and expensive medical treatment, he may end up using up all his assets before he dies and this will not be an issue at all.

 

[ecmst12]

If he wants his life insurance to be able to be used for his funeral expenses though, he might want to change the beneficiary.

 

[OHRoadwarrior]

It appears 1/2 of the truck and 1/2 of the travel trailer are owed to the gov't. Hubby should not expect anything.