My home or not ?

[WILLIE DORIGHT]

What is the name of your state (only U.S. law)? NORTH CAROLINA I AM LIVING IN THE HOUSE THAT I GREW UP IN AND HAVE RESIDED THERE FOR 48 YEARS. MY PARENTS MOVED TO FLORIDA 25 YEARS AGO TO TAKE CARE OF MOM'S MOTHER AND I AND MY WIFE STAYED HERE IN THEIR HOUSE. WE HAD A VERBAL UNDERSTANDING WITH MY PARENTS THAT THE UPON THEIR PASSING THE HOUSE WOULD TRANSFER TO US . WE [ MY WIFE & I ] HAVE PAID ALL UTILITIES , DONE ALL REPAIRS , REPLACED ALL APPLIANCES , REPLACED THE ROOF ON HOUSE & GARAGE , INSTALLED NEW HEATING AND AC, AND WHEN MY FATHER DEVELOPED ALZHEIMERS WE MOVED THEM IN WITH US CARING FOR DAD UNTIL HE HAD TO BE PLACED IN A NURSING HOME AND THEN TAKING CARE OF MOM UNTIL SHE RECENTLY PASSED FROM A STROKE . MY PARENTS HAD A BASIC WILL [ ALL ASSETS TO BE DIVIDED BETWEEN MY BROTHER & I ] . DO I INCLUDE THE HOME AS AN ASSET TO BE DIVIDED EVEN IF MY BROTHER AGREES THE PARENTS WANTED ME TO HAVE IT ?

 

[Ozark_Sophist]

Was Medicaid involved in your fathers long term care?

 

[WILLIE DORIGHT]

My home or not

No medicaid or medicare was involved .

 

[tranquility]

The home is an asset to be divided. The verbal gift has no legal meaning. However, brother can disclaim the house so you get it all.

 

[Zigner]

What is the name of your state (only U.S. law)? NORTH CAROLINA I AM LIVING IN THE HOUSE THAT I GREW UP IN AND HAVE RESIDED THERE FOR 48 YEARS. MY PARENTS MOVED TO FLORIDA 25 YEARS AGO TO TAKE CARE OF MOM'S MOTHER AND I AND MY WIFE STAYED HERE IN THEIR HOUSE. WE HAD A VERBAL UNDERSTANDING WITH MY PARENTS THAT THE UPON THEIR PASSING THE HOUSE WOULD TRANSFER TO US . WE [ MY WIFE & I ] HAVE PAID ALL UTILITIES , DONE ALL REPAIRS , REPLACED ALL APPLIANCES , REPLACED THE ROOF ON HOUSE & GARAGE , INSTALLED NEW HEATING AND AC, AND WHEN MY FATHER DEVELOPED ALZHEIMERS WE MOVED THEM IN WITH US CARING FOR DAD UNTIL HE HAD TO BE PLACED IN A NURSING HOME AND THEN TAKING CARE OF MOM UNTIL SHE RECENTLY PASSED FROM A STROKE . MY PARENTS HAD A BASIC WILL [ ALL ASSETS TO BE DIVIDED BETWEEN MY BROTHER & I ] . DO I INCLUDE THE HOME AS AN ASSET TO BE DIVIDED EVEN IF MY BROTHER AGREES THE PARENTS WANTED ME TO HAVE IT ?

If your brother agrees, then he can assign his portion to you. However, that is NOT because of anything you have done over the years. If your brother wanted 1/2, as laid out in the will, then that would be what he's entitled to.