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If your friend is incompetent, then the person who succeeds her (hopefully she's named someone trustworthy) can have the courts declare her incompetent and the successor would then act in her best interests for all holdings.
She's not legally incompetent, although she's obviously an incompetent parent, having helped raise such a monster.
As galling as this situation sounds, I'd stay out of it. It sounds like you only know your friend's side of the story, and it doesn't sound like this friend has asked you for help. She can call 211 for help and let county social workers--who deal with this sort of thing for a living--sort it out.
She's not legally incompetent, although she's obviously an incompetent parent, having helped raise such a monster.
She seems to be competent enough to understand the impact of rental property on Medicaid claims and having filed a claim based on knowingly falsified assets.
Only hearing what you perceive of the situation - who knows what went on and is going on within the immediate family.
Ok, then she's doing what she wants to do and there is no problem.
Have to agree. While it certainly is sad to watch, sometimes the best thing to do about an unsafe, leaky boat is to let it sink. Once it does, that provides the motivation to change. Exactly how can and how are you "helping" this person OP?
She is not being abused. She has no backbone. Why should Medicaid provide for her while her children benefit.
Oh, what a tangled web we weave when first we practice to deceive...
Yes, correct Lastfire. She is the primary source of the problem because she is trying to get free stuff from the government when she does not qualify.
If they put the houses into the children's names before she dies that's A Gift. It belongs on an Estate and Gift Tax Return. I think the tax is around 30%. Best for the children is to actually inherit the property because they get a stepped-up basis to the fair market value at time of death.
Here's what she does. She sells one house and lives in the other. The children go out in the world and fend for themselves. Maybe someday they inherit a house and sell it and split the money.
Oh, what a tangled web we weave when first we practice to deceive...
Yes, correct Lastfire. She is the primary source of the problem because she is trying to get free stuff from the government when she does not qualify.
If they put the houses into the children's names before she dies that's A Gift. It belongs on an Estate and Gift Tax Return. I think the tax is around 30%. Best for the children is to actually inherit the property because they get a stepped-up basis to the fair market value at time of death.
Here's what she does. She sells one house and lives in the other. The children go out in the world and fend for themselves. Maybe someday they inherit a house and sell it and split the money.
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