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Old 03-09-2019, 03:45 PM
 
4,413 posts, read 3,473,679 times
Reputation: 14183

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Quote:
Originally Posted by jencam View Post
Anyway, to your point, he can inherit. He can sell, he can buy, he can rent, he can gamble in the stock market, he can spend on international dating services, the only thing he cannot do is TRANSFER ASSETS to someone else for 5 years. Whatever plans he has are stupid or lies. Any money to BOB unless documented carefully for caregiving or something else of proper value puts him in a position for NO care at all down the road.

I have to let this roll off my back. I will block messages if I have to to have a weekend off.

Yes, he CAN transfer assets before 5 years. It will all just go to Medicaid, which is where he is ultimately headed anyway.



Quote:
Originally Posted by jencam View Post
Anyway, to your point, he can inherit. He can sell, he can buy, he can rent, he can gamble in the stock market, he can spend on international dating services,the only thing he cannot do is TRANSFER ASSETS to someone else for 5 years. Whatever plans he has are stupid or lies. Any money to BOB unless documented carefully for caregiving or something else of proper value puts him in a position for NO care at all down the road.

I have to let this roll off my back. I will block messages if I have to to have a weekend off.

No he won't be in a position for NO care. He will be eligible for Medicaid-funded care.

 
Old 03-09-2019, 03:55 PM
 
21,109 posts, read 13,571,675 times
Reputation: 19723
Quote:
Originally Posted by wasel View Post






No he won't be in a position for NO care. He will be eligible for Medicaid-funded care.
Not if he doesn't pass the 5 year look back period.
 
Old 03-09-2019, 03:58 PM
 
7,934 posts, read 9,158,452 times
Reputation: 9354
Quote:
Originally Posted by jencam View Post
I guess so. IDK but today is funny. 'I want to sell now' he says. 'I have a buyer for 80K'.

I offered 40K. And then 50K. Silence. My good friend is a realtor and my Aunt was a realtor. They know what the house is worth. So does he. He's at it again.

In a hot market it doesn't have to be in good condition. My friend and I look at photos all the time and go OMG at the condition and the final sale price. It goes up everyday. It has gone up over 10K in the past 30 days.

He's not taking my offer, so I call shenanigans.

Anyway, to your point, he can inherit. He can sell, he can buy, he can rent, he can gamble in the stock market, he can spend on international dating services, the only thing he cannot do is TRANSFER ASSETS to someone else for 5 years. Whatever plans he has are stupid or lies. Any money to BOB unless documented carefully for caregiving or something else of proper value puts him in a position for NO care at all down the road.

I have to let this roll off my back. I will block messages if I have to to have a weekend off.
What is the true value of the house? Why would you offer to buy him out and then have to deal with moving him or evicting him? If he has a buyer, grab your half and be done with this.
 
Old 03-09-2019, 04:04 PM
 
21,109 posts, read 13,571,675 times
Reputation: 19723
Quote:
Originally Posted by NSHL10 View Post
What is the true value of the house? Why would you offer to buy him out and then have to deal with moving him or evicting him? If he has a buyer, grab your half and be done with this.
A lot more than $80K. And he wants to sell now, which we cannot even legally do. It's just nonsense. Some sort of scam.
 
Old 03-09-2019, 04:14 PM
 
3,253 posts, read 2,339,853 times
Reputation: 7206
Quote:
Originally Posted by NSHL10 View Post
What is the true value of the house? Why would you offer to buy him out and then have to deal with moving him or evicting him? If he has a buyer, grab your half and be done with this.
Great advice! But isn't this what people have been telling her for years?
 
Old 03-09-2019, 04:15 PM
 
3,253 posts, read 2,339,853 times
Reputation: 7206
Quote:
Originally Posted by jencam View Post
A lot more than $80K. And he wants to sell now, which we cannot even legally do. It's just nonsense. Some sort of scam.
If you are the executor, of course you can sell it now. That's according to the link I sent you, three times, on Texas law.
 
Old 03-09-2019, 04:32 PM
 
13,388 posts, read 6,442,737 times
Reputation: 10022
Quote:
Originally Posted by BrassTacksGal View Post
If you are the executor, of course you can sell it now. That's according to the link I sent you, three times, on Texas law.
If I recall, Jencam said the house was worth 200K. Why would she sell it for 80K?
 
Old 03-09-2019, 04:47 PM
 
21,109 posts, read 13,571,675 times
Reputation: 19723
Quote:
Originally Posted by BrassTacksGal View Post
If you are the executor, of course you can sell it now. That's according to the link I sent you, three times, on Texas law.
That is incorrect.
 
Old 03-09-2019, 05:49 PM
 
51,654 posts, read 25,828,130 times
Reputation: 37894
Quote:
Originally Posted by jencam View Post
Oh I see. You're here to criticize. I guess I will just let the thread die if that is all that is being offered. I am not trying to drag anything out beyond the legal things that must be done that do not happen after only 4 business days. That is how long it's been. 4 business days. There are laws and procedures that must be followed.
Jencam, you opened a thread to talk about your troubles and how long they've gone on, then take comments meant to help you move along as criticism.

From what I can gather, you have put this off as long as the law allows.

There are indeed laws and procedures that must be followed. Time to do that. Person can get a lot done in 4 business days.

From what you've said, the will has been located, nobody is contesting it, and the court has approved you as the executor. From what I've read, in Texas such uncomplicated are generally probated within 6 months or so.

Time to get moving.

One of the largest things on the list is dividing the proceeds from the house. Sounds like your brother is offering varying amounts for you to sell the house to him. Perhaps a professional appraisal might be a good place to start.

Your friend the realtor says it is worth $200K. If the appraisal comes in at $200K, then it seems like your brother would have to come up with $100K to buy you out.

Or you can continue as you have for the last four years.

Your choice, really.
 
Old 03-09-2019, 05:50 PM
 
51,654 posts, read 25,828,130 times
Reputation: 37894
Quote:
Originally Posted by jencam View Post
That is incorrect.
Please explain.

Did your mother specify in her will that the house would be co-owned by you and your brother in perpetuity?
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