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There is no money. My realtor friend told me the current value. Dad is NOT trying to manipulate me, I assure that. I'm not trying to worry about who my brother puts in his will. w/o a will, it would be split between my father and I and he would waive his half. That is my mother's house, he wouldn't accept anything from it. Brother may have a deal with BOB which is none of my business.
If your brother's deal with Bob involves the house it is your business.
If your brother's deal with Bob involves the house it is your business.
Leaving him his half? I don't see how. It's none of his business what I do with mine. But he can't even do that. BOB should understand, though I am not in the business of trying to help BOB, that he won't see anything from any of this because anything that goes into my brother's name is going to Medicaid. Isn't it? IDK - those plans over there are so mangled.
Perhaps worse (for my brother) BOB does get whatever they have arranged, if they have arranged something of the sort, but that transfer counts against brother's eligibility for Medicaid and BOB is in the wind and brother is ?????????? IDK where.
I don't understand how it works when someone has no choice but to be in a nursing home, but Medicaid won't pay.
Leaving him his half? I don't see how. It's none of his business what I do with mine. But he can't even do that. BOB should understand, though I am not in the business of trying to help BOB, that he won't see anything from any of this because anything that goes into my brother's name is going to Medicaid. Isn't it? IDK - those plans over there are so mangled.
Perhaps worse (for my brother) BOB does get whatever they have arranged, if they have arranged something of the sort, but that transfer counts against brother's eligibility for Medicaid and BOB is in the wind and brother is ?????????? IDK where.
I don't understand how it works when someone has no choice but to be in a nursing home, but Medicaid won't pay.
Oh my gosh, BOB isn't living in just half the house - he's living in the entire house. "Your half" and "your brother's half." Wait, no, it's neither's house because the estate still isn't settled - it's the estate's house, so the estate should be paying all the property taxes, insurance, etc.
Your brother can own this primary residence - not half of it, but all of it - and still qualify for Medicaid, by the way. He can also write a will and leave his half to BOB, or anything else he wishes, to BOB as well. Medicaid also will often pay for nursing home care - including for your brother as long as his monthly income doesn't exceed $2163 and he has no more than $2000 in assets such as cash (like I said, he can own his primary residence, as well as a vehicle), and nursing home care is deemed necessary by his doctor, and attested to by his doctor every six months.
All this is very easy to find out on your own, but it would be helpful to pay for an ESTATE ATTORNEY OR SOCIAL WORKER WHO SPECIALIZES IN SUCH SITUATIONS (not your dad - again - not your dad) for pertinent advice and to walk your brother - not you, your brother - through the process.
Thinking on the mangled plans. It was a bad call on my part to get so huffy. Before that my brother would tell me the plans. I got 'fed up' I guess. With patiently googling and whatnot and explaining how that won't work. Over and over all the time.
The last one was give me 40K or 50K (about 1/4). Via an 'Estate Loan'. (Buying me out). I got impatient with trying to explain the bank won't even loan that and he couldn't afford the payment.
It would have been better to patiently run the numbers and show him see? At X interest rate, borrowing 60K is this much per month. 70K is this much. Etc. It's more than half his income, which he can't live on half and (because the bank knows that) the bank won't loan that.
AND the majority of his money going to me doesn't make any sense for him. Usually when I patiently research something and show him he says "ok, I didn't think about 'whatever'. You're right."
I was just so frustrated. So I just said NO. Well, first, w/o running the figures, I just knew that the bank wouldn't loan it and said that w/o the detail. The response was 'you have no choice except whether you want all your half or will accept less'. Frustrated, I said ok, no, I will not take less. Just to end that line of planning that leads to nowhere.
It would have been better to run the numbers and garner my patience. Now I have no clue what is going on and NO, I am NOT interested in maintaining the DRAMA, it's just PRACTICAL to know what is going on.
There have been many many times I patiently research something and politely point out how something will not work. This could have been another.
Have you performed any of your duties as the executor of your mother's estate?
If you can't or won't do so, you need to decline the role and let the courts settle the mess. Have you even filed in probate court yet?
Texas gives you four years from the date the will was written to file in probate court. Failure on your part to do so will result in the courts taking over and settling the will according to applicable intestacy laws. Maybe that would actually be best for this situation because I don't get the sense that you understand your responsibilities as executor or that you're up to performing them.
Last edited by Metlakatla; 02-18-2019 at 11:00 PM..
Oh my gosh, BOB isn't living in just half the house - he's living in the entire house. "Your half" and "your brother's half." Wait, no, it's neither's house because the estate still isn't settled - it's the estate's house, so the estate should be paying all the property taxes, insurance, etc.
All this is very easy to find out on your own, but it would be helpful to pay for an ESTATE ATTORNEY OR SOCIAL WORKER WHO SPECIALIZES IN SUCH SITUATIONS (not your dad - again - not your dad) for pertinent advice and to walk your brother - not you, your brother - through the process.
Not everyone has an ESTATE. There is no money. There is not one red cent for 'The Estate' to pay for anything. 'The Estate' is a modest house that is only worth around 200K due to the extreme values in N. Texas right now.
I think BOB has 'cashed in' on his two properties. Taking advantage of the high values that are destined to fall, lots of people are doing foolish things, some people are doing smart things with that.
One of his has been deeded to an investment company. The other to someone else. There is something fishy about all that. He did his primary residence that way exactly at the time he became suddenly committed to brother's 'quality of life'.
BOB is in my brother's ear about this being the height of the market, blah blah. Spinning plans around that.
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Your brother can own this primary residence - not half of it, but all of it - and still qualify for Medicaid, by the way. He can also write a will and leave his half to BOB, or anything else he wishes, to BOB as well. Medicaid also will often pay for nursing home care - including for your brother as long as his monthly income doesn't exceed $2163 and he has no more than $2000 in assets such as cash (like I said, he can own his primary residence, as well as a vehicle), and nursing home care is deemed necessary by his doctor, and attested to by his doctor every six months.
I know. But if the whole house or half goes into his name for even a nano second I am pretty sure that is essentially handing it to Medicaid. He can't will it to anyone. Because Medicaid is inevitable and this circus with BOB cannot last through the look back period.
(BOB goes in caps because BOB is such an annoyance and having a little humor helps me de-stress)
Have you performed any of your duties as the executor of your mother's estate?
If you can't or won't do so, you need to decline the role and let the courts settle the mess. Have you even filed in probate court yet?
Texas gives you four years from the date the will was written to file in probate court. Failure on your part to do so will result in the courts taking over and settling the will according to applicable intestacy laws. Maybe that would actually be best for this situation because I don't get the sense that you understand your responsibilities as executor and that you're up to performing them.
It's been opened or whatever it's called with me named as Executrix and we go to court soon. My Dad did that already.
Not everyone has an ESTATE. There is no money. There is not one red cent for 'The Estate' to pay for anything. 'The Estate' is a modest house that is only worth around 200K due to the extreme values in N. Texas right now.
I think BOB has 'cashed in' on his two properties. Taking advantage of the high values that are destined to fall, lots of people are doing foolish things, some people are doing smart things with that.
One of his has been deeded to an investment company. The other to someone else. There is something fishy about all that. He did his primary residence that way exactly at the time he became suddenly committed to brother's 'quality of life'.
BOB is in my brother's ear about this being the height of the market, blah blah. Spinning plans around that.
I know. But if the whole house or half goes into his name for even a nano second I am pretty sure that is essentially handing it to Medicaid. He can't will it to anyone. Because Medicaid is inevitable and this circus with BOB cannot last through the look back period.
(BOB goes in caps because BOB is such an annoyance and having a little humor helps me de-stress)
ESTATE is just a legal term for the contents of your mother's will.
All this BOB stuff doesn't matter. It just doesn't. Forget BOB.
Did your mother have debts to settle? If so, you may end up having to sell the house in order to do so. If taxes haven't been paid, the same thing may apply.
Do you have plans to move forward with getting this thing through probate? Because you're running out of time. You should concentrate on that and let the chips fall where they may.
ESTATE is just a legal term for the contents of your mother's will.
All this BOB stuff doesn't matter. It just doesn't. Forget BOB.
Did your mother have debts to settle? If so, you may end up having to sell the house in order to do so. If taxes haven't been paid, the same thing may apply.
Do you have plans to move forward with getting this thing through probate? Because you're running out of time. You should concentrate on that and let the chips fall where they may.
Right. Well I am addressing people who are talking about 'The Estate' paying for things, under the assumption there is more to 'the Estate'. There is no money to pay for things 'The Estate' should pay for being my point.
The taxes will be paid if need be, that is not a lot of money we are talking about. The house will not have to be sold to cover that.
I just said I am going to court soon. I can't do anything until the court date arrives. As far as concentrating on that, yeah, that is what I am doing. Trying to figure out what the hell to do AFTER that. ALL that is going to happen on that day is me dividing the house per the will's instructions and some little things. Like I can assign all the little stuff if I care to. Jen gets Mom's cedar chest and the China. Brother gets the furniture. Whatever. I think I can assign mineral rights to myself and I will need every penny of those, that seems to be clear.
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