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This is tricky territory. The time to consult an elder law attorney is before the one in the nursing home inherits assets from his/her spouse.
Is Sissy in the NH already on Medicaid OR is the property a glitch in her Medicaid application?
Did Sissy hubs just die?
is the property (in your late bils name) being viewed by Medicaid as a NON-EXEMPT asset so that it is keeping Sissy from being eligible for Medicaid AND if so, does Sissy have her own homestead (like she still has her old home even though she is in a NH).
Does BILs property just land or is there a house on it & if so, is it it vacant or rented or family living there?
The answers will help figure out what's likely going on & how to resolve.
If everything was placed into trust, will does not matter anymore as that is one reason to do trusts, so trust can pass assets outside of probate. Trusts are private, so unless you are within trust, niece doesn't have to tell you squat.
understand. How could she change the will and have new trustee's written in. My cuz was trustee then but we learned 2 years later uncl got mad cuz someone took a life ins on uncl and got blamed?? Uncl told his brother. Other lies which we learned after his death.
Thanks igloo
This property was just in her husbands name. Didn't know if we needed to get it into her name. They said you have 5 yrs. after someone is deceased. Also she is paying the property taxes. Should we just let it set and stop paying the taxes or probate it.
She was allowed to keep her house and land which is unlivable. It is a separate property. Medicaid has not said anything about getting the property.
There are no other heirs, they had no children.