QUESTION
Do we have any legal recourse on the Will?
Asked on Jul 18th, 2013 on Estate Planning - California
More details to this question:
My mother in lawsuit claimed her property to my sister in law. One year later my sister in law sold it for 130,000 and put my mother in law in a home, which Medical assistance paid for the past six years until she died this past May. The will states that all of her children are to divide her assets equally but my sister in law is refusing to discuss what happened to the money from the sale of her house.
9 ANSWERS
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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You need to file a petition in probate court to open an estate. You will have to make her account for your mother's property.
Answered on Jul 19th, 2013 at 11:01 AM
3 Awards
The money should have been used to pay for her care. She probably needed to spend down her assets before going on Medicaid. Alternatively, if your mother gifted the asset to your sister in law, they may have committed Medicaid fraud, if the money was not used for her care. If you want to pursue this, you should start with consulting an attorney in the area where your mother resided.
Answered on Jul 19th, 2013 at 11:01 AM
You can hire a probate lawyer to force an accounting.
Answered on Jul 19th, 2013 at 4:09 AM
If the property was quit claimed to the sister-in-law then she was the owner of the property and not the mother-in-law so the property was not part of her estate and you are not entitled to an accounting of what happened to the funds from its sale.
Answered on Jul 19th, 2013 at 4:09 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I would need many more details. If you are in Michigan call to engage us and with the full particulars.
Answered on Jul 19th, 2013 at 4:09 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Not sure what your first sentence means. Did your mother give her property to sister-in-law using a "quit claim deed?" If you give someone property, that's it done deal. Sister-in-law owned the property, she sells it, keeps the $130,000. Now your next sentence seems to be saying that Mom went into residential care which was paid for by Medicaid. If I'm right about that, and I'm right about the property being deeded, then a fraud was committed on the State of Oregon when the Medicaid application was submitted. The will only affects what your Mom owned when she passed away, did she own her house when she died? Did she own the proceeds of sale of the house? If your mother gave her house away six years ago, you may have a statute of limitations problem. In any case, you have two choices, hire a lawyer and find out what can be done, or let it go. Sister-in-law is hoping you'll let it go.
Answered on Jul 18th, 2013 at 2:49 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Your summary is a little confusing. If the deed was changed to add your SIL, then the property likely passed directly to her, upon your mother's death. If that is what happened, then you may be out of luck because there would be no need for probate and the Will would not apply.
Answered on Jul 18th, 2013 at 2:48 PM
Thomas Edward Gates
There was fraud commented here. If your sister-in-law held title, then she is able to do as she please with the property and has no obligation to share it with anyone. All she has to do is point to the court records from the law suit. If the state knew what took place with the property, e.g., illegal transfer, they could look to the estate to pay back the money from Medicaid.
Answered on Jul 18th, 2013 at 2:48 PM
2 Awards
Your situation is a a tough one in that the property seemed to be given to your sister in law. If that is the case, it is not an estate asset and the will doesn't affect that piece of property. Further, if it did, Medi Cal would be entitled to the money anyway for reimbursement of the 6 years of care they paid for.
Answered on Jul 18th, 2013 at 12:26 PM