The brother who is NOT in the nursing home is wanting to deal in this property for $45K. Does the one in the nursing home hold to sign it over to him or can they sell it together? Next ask is does the nursing home get any of the money? He is on medicare right immediately and his SS check goes directly to the nursing home.anyone know how this works? Thanks.
Answers: My first press is how are the brothers holding title? Joint Tenants or Tenants in Common? If it does not articulate anything about cohesive tenants, consequently they are tenants within common.
These are my answers to your question to the best of my knowledge:
Question 1: If the brother surrounded by the nursing home is legally expert of making decisions (notice I said legally), next both brothers should sign the deed. (Are any of the brothers married and does your state have dower rights? If the brothers own the property as tenant in adjectives and either one is married and the state have dower rights, the wife will have to sign the creation also)
Question 2: It sounds like the brother is the nursing home is truly on medicaid rather than medicare if they are taking his social financial guarantee money. If that is the suitcase, then any the nursing home or the government would be entitled to that brother's partly of the proceeds.
These are questions that should be discussed near an attorney that is up to date with elder tenet and property.
It has to be medically confirmed that the brother contained by the nursing home is incapable of making rational decision. Then see a solicitor to make an application within court to sell the property. Other than that you'll hold to wait until he is unconscious.
Answers: My first press is how are the brothers holding title? Joint Tenants or Tenants in Common? If it does not articulate anything about cohesive tenants, consequently they are tenants within common.
These are my answers to your question to the best of my knowledge:
Question 1: If the brother surrounded by the nursing home is legally expert of making decisions (notice I said legally), next both brothers should sign the deed. (Are any of the brothers married and does your state have dower rights? If the brothers own the property as tenant in adjectives and either one is married and the state have dower rights, the wife will have to sign the creation also)
Question 2: It sounds like the brother is the nursing home is truly on medicaid rather than medicare if they are taking his social financial guarantee money. If that is the suitcase, then any the nursing home or the government would be entitled to that brother's partly of the proceeds.
These are questions that should be discussed near an attorney that is up to date with elder tenet and property.
It has to be medically confirmed that the brother contained by the nursing home is incapable of making rational decision. Then see a solicitor to make an application within court to sell the property. Other than that you'll hold to wait until he is unconscious.