Brother trying to steal mom's money

[salchristy]

These are the facts as I know them:

1. 5 years ago my mom gave my brother and his wife $400,000 to buy a house. In return she was to live there for her remaining years. The house was boughtin Livermore, Ca.

2. My mom is listed on the deed with my brother and his wife, but not the
mortgage.

3. 8 months ago my mom was diagnosed with stage 4 colon cancer and had surgery to remove the cancer. Unfortunately the cancer had spread to her uterus, ovaries and rectum, so all the cancer could not be removed. She still has a tumor in her rectum.

4. After the surgery, my mom went to live with her sister in Richmond, Ca to
recover and go through chemotherapy.

5. My mom had no medical insurance, only medicare. She immediately signed up for an aarp supplemental plan and began the process of applying for medi-cal. She has no money, no car just her interest in the house in Livermore. She then went to a lawyer and got a irrevocable trust to protect her interest in the house from medi-cal. She was approved by medi-cal and is now receiving medi-cal benefits.

6. Last week my brother called my mom and demanded that she sign over her interest in the house to him. My mom refused. He then threatened to sue her in order to sell the house. Two days later he sent an email to her stating that a real estate agent will be coming to see her in Richmond with papers to sign in order to sell the house. The house has gone down $200,000 in value.

So this is where we are at now. Can my brother force the sale of the house? If he can, is there any way we can ensure that my mom can get some of her money back? And if she does get money from the sale, how will this effect her medi-cal benefits? What should we tell the real estate agent when he comes?Should we get a lawyer?

My mom is currently going through chemo and has hardly any energy to deal withthis nonsense. We have no money and no idea of what to do. Any help or advice that you all could give us would be greatly appreciated. Thank you so much for your time and help.

 

[army judge]

Your mother does nit gave to sign anything.

She does not have to agree to your greedy brother's demands.

He can't sell the house, unless she signs.

Advise her not to sign.

You should get a power of attorney to let you handle your mother's affairs.

That forces your greedy brother to deal with you and not her.


She doesn't need this stress.

I pray she gets better.

The POA won't cost you $100-200.
You could get the forms online and complete them yourself for almost nothing.

Either way, mom does nothing, your bum brother can't sell!!!!


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[salchristy]

Thanks so much for your reply. I will definitely ask her about having me be the poa. That's a relief knowing that my brother can't force the sale of the house. I was under the impression that he could. Now we just have to worry about his next step. He did threaten to let the house go into foreclosure but I think it was only a threat.

 

[salchristy]

An attorney on a local radio show emailed me, "He can force the sale of the home in an action for partition, but the proceeds of her share of the sale of the home would be held within her irrevocable trust under the terms of that trust."
So it sounds like he can force the sale but not get her portion of the money.

 

[army judge]

An attorney on a local radio show emailed me, "He can force the sale of the home in an action for partition, but the proceeds of her share of the sale of the home would be held within her irrevocable trust under the terms of that trust."
So it sounds like he can force the sale but not get her portion of the money.

He can try. He won't succeed. Medicare will block his attempts to sell the home. If your mom wasn't involved with Medicare, he might prevail. But, this is one time that Medicare can thwart his devious end run!

Medicare will normally prohibit others to sell the home of a senior or disabled person. Their motives may not be pure, but they serve your desires nonetheless!



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