Re: Who gets the house

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On 4/30/06, sharwinston wrote:
> Here's my $0.02: You do not say when the will[s] was made. If
> the will was made when the testator (person who makes a will) was
> fully competent and the will was properly witnessed as required
> under the laws of your state, the will absolutely controls.
>
> Furthermore, as far as I know, the law in all 50 states requires
> that conveyances of real property be in writing (deed).
>
> In many states, upon the person's death: if the person received
> state-assisted medical care (i.e. in California, it's Medi-Cal),
> the State will bill the person's estate for the cost of coverage
> pursuant to the laws/regulations of their state. If the bill is
> not paid by the estate, the State will lien the real property.
> (Yes, I have heard there are "ways around this.")
>
> Bottom line: If the person has already written a valid will, the
> will controls. Just because you have conservatorship of the
> person while they are alive does not mean you get to write another
> will naming you as the beneficiary.
>
> Since you apparently do not understand what a conservatorship is,
> just google: [your state] + conservatorship. Conservatorship laws
> vary only slightly from state to state.
>
> The house goes to the niece IF the will is valid --
> conservatorship or no conservatorship. Of course, if the real
> property is slapped with a State lien, then the niece will have to
> deal with the lien issues.
>
> If the house is deeded by the elderly person to someone else and
> the transfer is void of any fraud, oppression, undue influence,
> etc., then it's not in the estate at her death, and there would be
> no house for the niece to get.
>
> On 4/30/06, Traci Allen wrote:
>> On 4/30/06, sharwinston wrote:
>>> You say you have a lawyer. You should be asking your lawyer
>>> these questions.
>>>
>>> On 4/30/06, Traci Allen wrote:
>>>> My husband and I have conservatorship of an elderly couple.
>>>> Acutally our neighbors who have no family other than a
>>>> niece who is in her late 70's with medical trouble and
>>>> lives in anther state. we are in california, we were told
>>>> by our lawyer that the conservatorship over rides the wills
>>>> and in the wills it state that the house would go to the
>>>> niece, who has told us she would sell it to us when the
>>>> time is appropriate. we have been told that the state,
>>>> (medical) would take the house because the wife is in long
>>>> term convelescent care. the husband still resides in the
>>>> home. We take him everyday to have lunch with his wife.
>>>> There are no outstanding medical bills, so how can the
>>>> state take away thier home? both had told us before the
>>>> wife became ill and in convelescent care that we could have
>>>> the house because they had no one to give it to, but
>>>> because of thier ages we didnt do anything as far as
>>>> changing the deed for we didnt want anyone to think the
>>>> wrong way and our main concern was thier care and well
>>>> being. Any advise? thank you
>>
>> the lawyer was for the conservatorship process, but thank you
>> for your time anyways.
Thank you very much for your time and valueable information. It is
greatly appreciated. traci allen