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Father Dying and losing homes. Please HELP!

Discussion in 'Elder Law, Medicaid & Disability' started by Brock Downing, Jul 17, 2019.

  1. Brock Downing

    Brock Downing Law Topic Starter New Member

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    Hello, I am desperately needing some advice. I do intend to hire a lawyer but we have zero cash at the moment and need to start figuring out things now.
    Our story:
    My father owns 2 homes. He lives in 1 with my special needs brother and I live in the other with my wife and 2 kids.
    Both homes are in my fathers name and are owned free and clear and we don not pay any rent to him.

    My father does not have any income other than 600$ a month my brother receives for disability. My brother has autism and has been disabled his whole life.

    My father is 60 and had a major heart attack 2 days ago. He is currently in ICU and does not have any insurance or cash. He and my brother live off of my brothers disability check and I help them whenever they need something.

    I need to get my father approved for Medicaid or tenncare to help with care or a pacemaker while protecting both houses and my brothers disability benefits.

    I am thinking we can quitclaim both houses to my brother and make me the executor. Since he is a special needs child I read this will not disqualify my dad from Medicare. This is what I read on the internet but I also read that owning a 2nd home may disqualify my brother from his disability benefits.

    Again, I do not have any knowledge of how this works and just got this info from searching the internet. Can anyone please help or give me some insight or direction?
  2. army judge

    army judge Super Moderator

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    Most attorneys will meet with a prospective client for 30-45 minutes to discuss the client's problem.

    You could chat with three or four such attorneys, and it will cost you NOTHING but a couple hours of your life.

    It might be too late to change anything, especially if your father is unconscious.

    It would also be wise to discuss becoming the legal guardian of your father and your brother.

    I suggest you get father enrolled in medicaid tomorrow, which will necessitate a visit to the office of some state bureaucracy.

    Tennessee Medicaid | Medicaid-Help.org

    Your father might also be eligible for medicare, if his condition is such that it will disable him. If that is the case, he could also receive certain government transfer payments.

    Good luck.
  3. zddoodah

    zddoodah Well-Known Member

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    Who are "we"? You told us that "Both homes are in [your] father's name," so you have no legal ability to deed them to anyone.

    I'm also not sure what you mean by "make me the executor." An executor is a person appointed by a court to administer the estate of a deceased person. Since you're not a judge, you cannot "make" anyone executor of anything (nor does it appear that there's an estate to be executor of).

    The right direction is an attorney's office to discuss a conservatorship or adult guardianship, and the best thing to do is probably to sell one or both of the homes your father owns and use the proceeds for his care. That may mean that you'll need to move out and start paying rent. While that's a bummer for you, this isn't about you. Also, since you have an obvious conflict of interest in this regard, you might not be the best person to act on your father's behalf.
    Zigner likes this.
  4. adjusterjack

    adjusterjack Super Moderator

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    That's called Medicaid FRAUD and comes with serious financial consequences.

    His primary residence may be protected but the second home will have to be sold and the proceeds used for his care until he is once again impoverished to the point that he qualifies for Medicaid.

    Your free ride is over. I hope you and/or your wife have jobs so you can rent or buy your own place.

    Oh, wait:

    The faster you get the house sold the faster you will have cash. I suggest you get your father set up with a realtor and get the house sold ASAP.

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