None of use can afford a lawyer, unfortunately. Mom has a will, and her health is failing. This is what she wants and I am fine with it. I spend time with and look after Mom daily, and she keeps saying she will be gone by Christmas (?!). It worries us both. We have considered a codicil, but don't know if that will work. Can they just go to the courthouse and add it onto the deed? The problem is, probate will take 6 months we are told. Neither of us can afford to pay the utilities or property taxes. I am permanently disabled, so am on fixed income. My sister had to ask Mom for a loan because the loans and credit bills were eating her family income up. They took out a loan against Mom's paid for home, and she is making payments regularly. Can anyone tell us step-by-step how to proceed?
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Contact Department of Aging, tell them you are perminently disabled with little or no disposable money.
When you speak to an attorney:
1.)Ask the attorney if you should put the house into a "Irrevocable Family Protective Trust".
2.) Ask him about the 5 year look back rule, and ask yourself if your mother will last 5 years.
3.) Ask him about a "Special Needs Trust".
4.) Ask him about a "Blood Trust".
Dont do this alone, find a trusted attorney.
Your orginal question does not have great detail and I am sure there is more to your situation than you may realize..ie:dimentia.
Maybe tell the attorney you could do some of the calls or some paperwork to make things cheaper? Ask him/her.
Good Luck.
I'm so very sorry for everything you're going through. I wish I could give you a real hug!!! I like the suggestion above about contacting the Department of Aging. Perhaps they could get you in touch with a lawyer that can help pro bono (for no charge) for difficult situations like this. Do you know anyone who is an attorney that might know one who knows elder law? Hang in there and try to take care of yourself as best you can. It's not easy to do that, but you are worth it.
Sending great big hugs,
Helen
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Step: 1: Call your State Capital, ask for Department of Aging, ask them for an agency, department, or ask them to refer you to a lawyer that can help you for no charge. You will likely find there is probably a couple of govermental departments that might refer you to retired attorneys group, or attorneys that handles probono cases. Call your "County" or "Township" ask if they have a Department of Aging, or legal help.
Since you have a computer do your homework.
Adding a daughter that is "married and with debts" on a title might open a whole can of worms to consider. A few to consider:
1.) The house might be considered marital property in a divorce proceeding.
2.) The house might be considered an asset in any leans, lawsuits.
3.) The daughter might loose the step up value of the house when the house is sold.
4.) Anyone's names on the deed might make that person or family "more responcible for taxes, utilitites, upkeep, and general liability etc.
Of couse each state handles issues differently, so getting some legal cousel might save you money at the end of the day.
The title agency should not probably be the first call, consult an attorney first.