Any attorneys on here, need legal advice

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Kathie in Thorp":4t3ze5ny said:
3waycross":4t3ze5ny said:
so you don't stand by what you said..............and you are not in the "legal" profession?
I gave my THOUGHTS; that's what I think -- I'm NOT an attorney and can't offer a legal opinion. I work in the field, but I don't have the license to practice.
You're only practicing law IF you charge for what you do. But your answer was spot on. Noone has determined yet IF they little lady owes a penny to anyone. She may have a mattess full of cash. :cowboy:
 
the bottomline is she shouldve deeded over to the heirs years ago an left her a life estate.then all of this would have been avoided.but most people do not want to deed their land over to family because they want to keep control of it an life estate does that.
 
bigbull338":33q3ow9h said:
the bottomline is she shouldve deeded over to the heirs years ago an left her a life estate.then all of this would have been avoided.but most people do not want to deed their land over to family because they want to keep control of it an life estate does that.


Very true!
 
Kathie in Thorp":19ui6qq8 said:
hurleyjd":19ui6qq8 said:
Yes the state will take it to satisfy what they were out
I don't know this for a fact, but I suspect that Hurleyjd's title suggests he/she has a juris doctor degree (HurleyJD) -- he/she is likely a lawyer. Or maybe it's Hurley John Doe . . . I'm just guessing . . .
Guess again Kathie I am only speaking from experience. Have seen it happen in my family and friends family. The state can take the property to satisfy any money spent for the care of the person through medicaid. The life estate suggested by Bull383 will not work either the state puts value on the life estate and gets theirs back with a lien against the property. Only way to get around it is to gift it to someone before you need to get sick and need care there is a time limit that applies and I do not know what it is. At one time here in Texas you could be rich one minute and a pauper the next by deeding everything to your heirs, the reason was to qualify for Medicaid so the rest of us could pay for the the healthcare up-keep.
 
hurleyjd":2nd98x6a said:
Kathie in Thorp":2nd98x6a said:
hurleyjd":2nd98x6a said:
Yes the state will take it to satisfy what they were out
I don't know this for a fact, but I suspect that Hurleyjd's title suggests he/she has a juris doctor degree (HurleyJD) -- he/she is likely a lawyer. Or maybe it's Hurley John Doe . . . I'm just guessing . . .
Guess again Kathie I am only speaking from experience. Have seen it happen in my family and friends family. The state can take the property to satisfy any money spent for the care of the person through medicaid. The life estate suggested by Bull383 will not work either the state puts value on the life estate and gets theirs back with a lien against the property. Only way to get around it is to gift it to someone before you need to get sick and need care there is a time limit that applies and I do not know what it is. At one time here in Texas you could be rich one minute and a pauper the next by deeding everything to your heirs, the reason was to qualify for Medicaid so the rest of us could pay for the the healthcare up-keep.
well weve done what i speak of an the state never can in on it or done what your saying.but you do have to have it done 7yrs before you go into a nursing home.an it maybe longer than that now.if the family did not want to loose what they had then they should took care of their family member with out putting them into a nursing home or hospice care home.
 
In Mississippi, the deeds have to be notarized and on the books for 5 years at the couthouse.
If not there is a mountain of paperwork for the person to be put on medicare. They want
all of you banking account numbers and even want to know about a bankbox. We went through
this recently with mom. Thank God she was well insured. I am 50 and recently deeded everything
to my son . He cant sell, make changes, cant do anything until I die.
Just a way to keep the state from taking everything that my ancestors worked hard for.

Greg
 
Creditors can sue you for unpaid debts and get a judgment against you. The county records the judgment and places a lien against your nonexempt assets. In Texas, a homeowner's primary residence is protected from unsecured debt liens. The only three liens a creditor can place against a home are for unpaid taxes, home improvements and the original mortgage lien. All other liens are unenforceable, according to Texas law. If the home is sold, the new owner can take free title of the home but the seller must still pay the debt.
 
heaven forbid I aint a lawyer, but whats the fuss? The lady is going to pass, and hospice does a vital service. They should be paid!!! If anything is left, then her family can settle the hash, but this idea of lets figure a way out to keep the land for the family....sucks....Call me ol school....you sleep in the bed you made.....you make a debt you pay the debt, end of story!
 
My wife and I have retirement home and hospice insurance to cover all expenses so it does not come from our estate, what upsets me is that if the person has no assets or is an illegal we as tax payers are footing the bill. This lady had no insurance and could not afford an operation but was told by a medical facility in S.A. Tx. that if she would lie and have someone say she had lived in S.A. for the last six months it would be no charge, by her beliefs she could not do that. The facility said they see it happen daily people coming from Mexico one day but showing they had been their six months with relatives and getting the operation the next day, we have a failed system.
 

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