Shouldn't an estate be treated like a trust?

[Zigner]

This was an unprobated estate.

If the estate hasn't gone through probate, then how does your brother have any ability to manage the estate? If the will hasn't been submitted to probate, then nobody has any "ownership interest".

Did you ever tell us what state(s) is/are involved?

 

[HRZ]

OP , if you have more than $2000 in countable assets you are on wrong side of the tracks as to eligibility for SSI ....sort out making it lawfully go away.

SO far it's impossible to sort out if OP has any interest in the home or the estate or status of the estate .

 

[LdiJ]

I said the similarity is if the home is co-owned. Per the link Janke provided it states the share not owned is treated as a separate issue. Gifting of the use of the others interest would be recieving support from that owner.

In other words; they treat is as the op owns only a portion of the home and if the other owners do not receive rent from the SSI recipient, the SSI recipient is being gifted that share of the costs of housing.


At least that’s how I read it.

Again, that makes absolutely no sense to me. If both owners live in the home then the utilities and other expenses are shared. If only one of the owners is living in the home then that owner is covering all of the utilities and other expenses and therefore it costs MORE to live there than it would if they both did. In no way does that "gift" any support.

 

[HRZ]

and it's an oxymoron for me to gift property I don't own or control