House transferred to kids 2yrs ago, now needs to be transferred back to in laws for one to get Medicaid. One sibling won't. Ideas?

Bita - your attorney needs to play hard-ball with the POS brother. If your legal is not an experienced elder law attorney, I would suggest you switch to one to make all this happen. He may be able to file an action on brother that he took advantage of the elder (by forcing mom to sign a document that she did not understand) - this is sticky and you have to have someone who knows how to make that happen under your state laws

Pam is on track with the tax threat. I was executrix for an aunt & there was a worthless nephew who was all upset that he was not named executor, lots of noise about challenging the will, yada, yada.... Now worthless had been lent $$ over the years by auntie too. My being named truly was out of the blue for me. Aunt had told her attorney of her concerns with worthless, so he know the backstory. Anyways, the attorney said to me do you want to go quash this from the get go & I agreed. What we did was that I sent out a registered letter as executrix to him with a W-9 for the current year and for several past years. In the letter it stated that taxes would be file for deceased aunt and all funds given to him would be reported and that we would be looking to do amendments to past years taxes too and please also fill out those forms as you will have a tax liability from the $ she gave you in the past & if you don't we still will file with the IRS but include that you refused to comply with providing W-9. That pretty well shut him up. He is still pissed from what I understand too. Whatever……

Now for your own worthless family situation, you can do the same (a W-9) as there should be some sort of gain from the transfer that has tax implications. For even more fun, you can also send him an I-9 which is the Homeland Security Form. If he is one of those "hate the gov-mint" types, he will just foam at the mouth on having to do an I-9. Nowadays everybody has to do both W-9 & I-9 to get paid, so this is really not a big deal except to the anti-gov folks. Good luck and can you please update us with what the attorney says? thanks & have a great July4th!

pamstegman...FIL is still living at home. We are just trying to get more care for them outside what we can do until he would have to go to a NH. If he would sign house back, FIL should be able to get Medicaid. As I understand, since it has not been 5 years since transfer to the sons and he has yet to be rejected (I called and put a stop on continuing application) all should be good. Hopefully we will have more answers tomorrow after MIL meets with attorney. Thanks!

bltajames, look up HCR vs. Pittas. Here was a case where Medicaid rejected coverage for a parent in a nursing home. So the NH (HCR) figured out who got the assets and sued him (Pittas). He would not divulge his finances in court. The judge awarded a judgment of $93,000 to the nursing home under "filial responsibility" laws. You live in Ohio, which also has filial responsibility laws. When you go before the surrogate's court for the violation of the terms in the Will, also get judgment for filial responsibility. So he can pay mom now or pay the NH later.

Oh this is a mess!! Yes, BIL is all about GREED!! The other 2 brothers want nothing from them. This is our 2nd round with trying to get FIL Medicaid. BIL's wife left if fall through the cracks first time. I took over and have busted my butt to make it happen. They are to meet with their attorney on Wednesday to get ideas and revise their will. You cannot reason with my BIL. He claims to know the system and by him....you take before the GOV takes (also has his own crazy attorneys). He is more than a gold-plated jerk and correct with Hell's not hot enough. lol He is the one that pushed for the transfer to happen. We knew nothing till my MIL said it was signed over. The only other advice I gave my MIL was that maybe there was the possibility to threaten to take him to court over it. I don't want to see that happen, but he has made bad blood for everyone in the family. BIL and his wife were to come to the house when in-laws go to a nursing home/die to take care of disabled sister, and it was written in the will that way. Come to find out they are backing out AND because my in-laws don't own the home my MIL can't dictate the daughter being taken care of in the home. So the will is VOID. He claims this was all to protect their assets. The house is hardly worth anything. Just a crazy messed up situation!! Thanks a million for the replies!!! :)

Since your MIL and her disabled daughter still reside in the home, it is not in immediate danger of being lost. The state will not attempt recovery as long as they are living there. I would suggest to consult an attorney to sort out the best way of doing this. Both the spouse and disabled daughter are special considerations if the price of the house is not too much. Are there arrangements for the disabled daughter if both parents should pass? This is quite a complicated question, since so much depends on how healthy the MIL is. I wondered why the house wasn't transferred to her or why she is not co-owner.

Well, as a lesson to others, all these factors SHOULD BE LOOKED AT BEFORE TRANSFERRING OWNERSHIP OF A HOME.

The son who is holding out may sincerely think he is standing on principle and preserving the family home. Maybe. But he is hurting his family, not the government. So maybe he is just a gold-plated jerk.

If FIL goes on Medicaid the state will not take the house while his wife is living in it. And, because there is a disabled daughter involved it may be exempt from state recovery even after Mom dies. These are things an Elder Law attorney can help you determine. If the holdout son is well-intentioned but misguided, perhaps getting professional advice will sway him. If he is just a jerk, you might be screwed.

Sigh.

See an Elder Law specialist. Sorry that didn't happen two years ago.

I would tell him "Look either you sign it back, or I will call the IRS and report that you received a very large and taxable gift two years ago. They will then audit you for the last seven years with a microscope. Back taxes carry huge interest and fines. You could lose everything. Think about it and call me tomorrow with your decision" Play hardball.

Explain to him quite thoroughly that Mom and Dad will get NOTHING, no care, no Medicaid and it will be up to him to take care of her in her old age. That's the standard obligation, you get the house if you promise to take care of me. So he has broken that promise by dumping them on Medicaid. I am 62 and I take great umbrage to that broken promise. Honor thy father and mother means nothing to him. If he neither pays for their care nor signs back the house, he has defaulted all his morals, he has deserted his parents and he reeks of greed. H*ll's not hot enough and hanging is too good for him.