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Moms son passed a way he had no kids no wife and 5 acers of land. Mom is 87 in resthome he son passed a way with a track of land of 5 aceres what will this do since mom will inherrite it
Veronica, sorry, it's Medicaid not Medicare that will file a lien on the property. That means that money from the sale of the land will go to the state to repay monies spent on nursing home. If she is not on Medicaid,mthen property will be part of mothers assets for her care when living. Check with a lawyer as she is limited in assets other than house and car, and inherited land may disqualify mother from Medicaid.
Guest you are correct it is Medicaid who pays for long term NH care. I mistyped. Depending where the land is situated it could be worth a great deal of money and improve her quality of care greatly.
Since he died without a will (intestate) and died owing assets, he has an estate which will need to be distributed legally however his state has it done for intestate.
You need an atty who does intestate probate. It's speciality probate (in my experience) & not all probate atty do lineals just like not all do litigation. So clearly ask. I'd bet that either it will be a lineal heirship to be done or perhaps a small estate affadavit but whatever it will need an atty. As Vegas said, it could well be that mom is not the heir. Mom could be just one of many heirs.
As an aside on this, probate can take time...like years. Lineals will have a whole set of requirements to establish family connections to determine heirs. Plus the value of his estate will need to be determined and property secured for as long as probate is open. Before you get too deep in this, I'd suggest you find out just what other debts he may have against his estate (medical bills, property taxes, CC debt, etc) and just what the value of his estate could be by looking the tax assessor value of property (it may not be accurate but gives you an initial figure to work from). Tax assessor info is on-line in most places. Sometimes folks just walk on dealing with family members "estates" as once debt is look at and the property is low value & perhaps has issues...well it's just not worth it.
Most places have property taxes due by end of January so the current bill should be out. His being dead makes no difference to the county.... the taxes are due. Someone in the family will need to pay it as county will place it as delinquent with fees Feb 1st and up for tax sale usually in August or September if not paid. If he had homeowner or other exemptions on it, all those melt away as he's dead. Tax bill could be oodles higher. If its just raw land, increase in value probably not as much as those with house on it. Your probate atty will have insight as to how this works for your area.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
Depending where the land is situated it could be worth a great deal of money and improve her quality of care greatly.
You need an atty who does intestate probate. It's speciality probate (in my experience) & not all probate atty do lineals just like not all do litigation. So clearly ask. I'd bet that either it will be a lineal heirship to be done or perhaps a small estate affadavit but whatever it will need an atty. As Vegas said, it could well be that mom is not the heir. Mom could be just one of many heirs.
As an aside on this, probate can take time...like years. Lineals will have a whole set of requirements to establish family connections to determine heirs. Plus the value of his estate will need to be determined and property secured for as long as probate is open. Before you get too deep in this, I'd suggest you find out just what other debts he may have against his estate (medical bills, property taxes, CC debt, etc) and just what the value of his estate could be by looking the tax assessor value of property (it may not be accurate but gives you an initial figure to work from). Tax assessor info is on-line in most places. Sometimes folks just walk on dealing with family members "estates" as once debt is look at and the property is low value & perhaps has issues...well it's just not worth it.
Most places have property taxes due by end of January so the current bill should be out. His being dead makes no difference to the county.... the taxes are due. Someone in the family will need to pay it as county will place it as delinquent with fees Feb 1st and up for tax sale usually in August or September if not paid. If he had homeowner or other exemptions on it, all those melt away as he's dead. Tax bill could be oodles higher. If its just raw land, increase in value probably not as much as those with house on it. Your probate atty will have insight as to how this works for your area.