My sister and all my brother's names are on the deed to dad's house. There is no money left in dad's savings. A couple siblings refuse to sign off to sell the house (or even reply to several requests). Some brothers provide little or NO care. Some sibs don't even call poor dad. How can I sell his house ASAP since his placement is urgent? Dad is too advanced to make any decisions.
5 Answers
Helpful Newest
First Oldest
First
If the only names on the deed are the children's then Dad does not own it.
ADVERTISEMENT
and even if we have ALL siblings willing to give the proceeds they get from the sale to Dad (it won't happen), at this point there are bad tax repercussions all around.
Our OP needs to see an attorney for options here. And I suspect none of the options will be good ones.
I don't know who gave this family advice to do this, but wow, was it ever awful advice.
If your Dad's name is not on the deed, I think AlvaDeer is right that there is no recourse since you, as PoA, cannot force a sale or make his kids participate in funding his care.
Most states' Medicaid programs do not cover anything but LTC, which is assessed as medically necessary by a doctor (and the patient also qualifies financially). Most states have a 5-year look-back period on the financial application. If your Dad doesn't qualify for LTC you may have an issue placing him with no money. Maybe talk to a social worker for his county or contact his area's Agency on Aging for resources.
I hope that was over 5 years ago, or he cannot even apply for Medicaid now that he has made himself destitute.
The sale of any home in joint ownership on a deed can be forced by ANYONE else on deed who wishes to sell. That's hardly the point, as it will only enrich the greedy siblings, as if your father made the poor decision to put the siblings on the deed and remove himself he has made himself destitute.
He no longer HAS a home.
He no longer has any money.
Apply for Medicaid now, as his POA if Dad is judged incompetent by diagnosis.
And basically, let this be a warning to every senior entering this forum.
I am so very sorry for your father.