adverse possesion (Center: appointed, lawyer, house)

[juliegonzalez2001]

My next door neighbor has been in a nursing home for the past 3yrs and because of her health condition she will not be comig homeat all. Her husband past away about 15yrs ago. They never had any children and her next of kin was her sister who passed away about 10yrs ago. She is orginally from Oklahoma and there is no trace of any living family members and there is no will. Me & my husband have been maintaining the yard and watching over her house. Before she went into the nursing home she gave me a set of keys in the event anything ever happend. When she was in the nursing home she asked me to take care of her house and that she would leave me her house once she passed. But I never got anything in writing, it just didn't feel right at the time and I honestly thought she would come back home. Her memory is going now and sometimes she doesn't even remember me. My dad's health is now becoming an issue and I would like to move him closer to me. I was told by a APS caseworker and by other that I should look into taking over her house since there is no one else there to do it. The house is paid off and she owes about $450.00 in back taxes. The house is in REALLY bad condition and needs alott of work. I don't know what to do, I know that if I become owner of the house that the house would be taken care of but it just feels weird. Is there something I can do to take ownership of the house???

[momof2dfw]

If she had no will then it is most likely the state will take over possession of the house to pay for the nursing home care. Even if she had family members this is what happens IF any and all property is NOT taken out of their name about 4 years BEFORE one goes into a nursing home.

[JamesAbilene]

Yes, the house probably will belong to the state. My wife and I have been through this with three elderly parents. To avoid the house going to the state, the property needs to be in your name. When my mother died, it was a three year time frame. I think that has expanded to five years. Talk to your local department of human services, and they can tell you the laws regarding what is called a "spend down" to get rid of a person's assets so that everything is not taken when the person dies. Perhaps you can take possession by paying back taxes. There are no great answers to this problem. Ideally, you would have a power of attorney for both medical care and financial care. Sometimes these are done in hospitals and nursing homes. Good luck.

[Trainwreck20]

Heck, the nursing home care may have already been paid, in which case the house is 'free and clear', but for whom, I don't know....

[Gretchen_SDCA]

Originally Posted by juliegonzalez2001

My next door neighbor has been in a nursing home for the past 3yrs and because of her health condition she will not be comig homeat all. Her husband past away about 15yrs ago. They never had any children and her next of kin was her sister who passed away about 10yrs ago. She is orginally from Oklahoma and there is no trace of any living family members and there is no will. Me & my husband have been maintaining the yard and watching over her house. Before she went into the nursing home she gave me a set of keys in the event anything ever happend. When she was in the nursing home she asked me to take care of her house and that she would leave me her house once she passed. But I never got anything in writing, it just didn't feel right at the time and I honestly thought she would come back home. Her memory is going now and sometimes she doesn't even remember me. My dad's health is now becoming an issue and I would like to move him closer to me. I was told by a APS caseworker and by other that I should look into taking over her house since there is no one else there to do it. The house is paid off and she owes about $450.00 in back taxes. The house is in REALLY bad condition and needs alott of work. I don't know what to do, I know that if I become owner of the house that the house would be taken care of but it just feels weird. Is there something I can do to take ownership of the house???

Please consult an attorney in TX. I don't practice in TX, but an equiring mind would like to know more facts to really answer your question.

The above does not constitute legal advice, NOR does it create an attorney-client relationship.

[loves2read]

the house can be sold for back taxes if the owner is not paying them...
if she is in a nursing home and has problems with mental faculties, I believe the state would have to appoint a legal guardian for her--but the APS caseworker or the nursing home SHOULD NOT give you any information about the woman or suggesting what you should do regarding her house because 1) they are not legal authorities and 2) no matter your relationship since apparently there is not a medical release of information on file--even nuring homes are required to abide by that new law I believe...

sometimes nursing homes have state-appointed ombudsmen (or women) who volunteer their time, receive training via the state, and have oversight/input into the care and situation of usually elderly residents in nursing homes...

I think they can give testimony in court proceeding and be asked to be conservators, basically, for the person before the person passes away...
I see ads asking for volunteers from time to time as public service announcements in the paper...

YOu can use this web address Texas Legal Services Center Home Page

which is for the Texas Legal Service Center has links to lots of state/legal info sites

and this is to the Ombudsman program

The Ombudsman Program provided by Area Agency on Aging of Southeast Texas
which might also be of assistance...

but again I am not an attorney and my advice is not "legal" advice...

[Marlow]

You need to talk to a lawyer and it should be someone who specializes in elder law. Unless she has enough income to pay for the nursing home, at some point the state is going to want to put a lien on that home to recoup some of its costs of maintaining her. At least that has been my experience dealing with elderly people and nursing homes.