QUESTION
Can my sister have my mothers property dated over to her after my mother goes into a rest home from a stroke
Asked on Feb 29th, 2020 on Elder Law - Texas
More details to this question:
My mother had a major stroke and is in the rest home my younger sister who has power of attorney and did stay with her prior to her stroke says that my mother wanted her to have the house and property but her wheel says we are divide everything equally I don’t think my mother is totally capable of making this decision
1 ANSWER
2 Awards
The agent under a Durable Power of Attorney can sign and record a Lady Bird Deed transferring the home on your mother's death to the same people named under the Will and in the same proportions stated in the Will. This preserves the home from Medicaid Estate Recovery. Doing otherwise risks a report to Adult Protective Services, revocation of the Durable Power of Attorney and civil and ciminal liability.
Answered on Mar 01st, 2020 at 5:06 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.