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BooHoo1 Asked December 8, 2023

I'm POA & executor for my Dad's will and he needs placement in a memory care facility. Dad's house needs to be sold to pay for care.

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.

Dupedwife Dec 8, 2023
Speak to an elder law attorney in your county/state to get advice on what you should do.

JoAnn29 Dec 8, 2023
I would bet the house was put in childrens name to save it from Medicaid. Now its backfired. Dad needs care and no money for a nice Memory care. So now, you apply for Medicaid and try and find a nice Longterm Care Facility. If he owns interest in the house, the house will be exempt until his passing. Then, Medicaid will put a lien on his share that will need to be satisfied when sold.

If the only names on the deed are the children's then Dad does not own it.

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lealonnie1 Dec 8, 2023
It's very sad when the almighty dollar prevails and a parent is prevented from getting the care they NEED so greedy siblings can share the proceeds of the home the poor elder worked hard to buy. Disgusting. I'm sorry you're going through such a terrible experience and seeing your siblings true ugly colors, OP. God bless you for fighting hard for your dear dad.
AlvaDeer Dec 8, 2023
And, unfortunately, even if we had ALL siblings agreeing on the need of sale (won't happen);
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.
Geaton777 Dec 8, 2023
Can you please confirm that your Dad's name is NOT on the deed, only the names of his children? This makes a huge difference in the answers you get here. Also, maybe just talk to a certified elder law or real estate attorney to know what needs to happen legally in your Dad's state of residence.

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.

AlvaDeer Dec 8, 2023
Your Dad no longer HAS a home to sell. According to you he gave it to his children already.
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.

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