The Motley Fool Discussion Boards

Previous Page

Investing/Strategies / Retirement Investing

URL:  http://boards.fool.com/pixy-is-right-you-need-to-contact-an-attorney-so-11755615.aspx

Subject:  Re: Reverse Mortgage Date:  1/5/2000  2:30 PM
Author:  zorloc Number:  17389 of 76237

Pixy is right you need to contact an attorney so that you can structure things properly so you don't get screwed. An attorney that specializes in guardianship (if possible in your state) would be very helpful.

For a couple years I worked for a Guardianship agency in Seattle, so I am familiar with the issues that you are dealing with, although it is within Washington State, so things can and will be different where you are.

I can give you a couple tips (but you need to confirm them with an attorney):

1) To become Medicaide eligable you need to have assests of no more than ~$2000 (not including a funeral trust, etc). This means that the house will either disallow her participation or they will put a lien on the house. So you need to get the ownership out of her name, but you can't just switch the title - they would go after you then.

2) Buying the house from your mom on contract is an excellent option. It keeps your mom private-pay as long as possible, and the house will stay in the family.

3) Investigate a Power-of-Attorney.

4) SEE AN ATTORNEY. This area is a very testy. I have seen families and estates distroyed through bickering about options. But make sure that the family is united about what needs to be done. Talk and negotiate as long as possible, avoid litigation it is incredibly expensive. I have seen cases where three sets of attorneys are paid by the elderly person's estate (the Guardian and their attorney, the Guardian-ad-Litem, and the attorney for the individual), with more attorneys paid by family. Unity will make things work better.

jbw
Copyright 1996-2014 trademark and the "Fool" logo is a trademark of The Motley Fool, Inc. Contact Us