As an heir you should have received a notice that the estate has been opened (and a date by which you could have objected to the appointment of the executor). I usually advise my executor clients to keep the other heirs apprised of the status of the estate, just to keep family harmony. In addition, the executor has a duty to file an Inventory with the court with outlines the assets of the probate estate. The probate record is public, so you can go to the probate court in your county and ask...
If the house is being sold now, she will be entitled to some of the proceeds based on the value of her life estate. If it is sold before she needs Medicaid, she will have cash, which will be counted as her assets. However, it sounds like she would then use that money to pay for the assisted living for a longer time.
If the house is not sold until next year, after she applies for Medicaid, Medicaid may put a lien on her life estate. If it is sold during her lifetime, Medicaid will seek to...
The answer to this really depends on what your overall goals are for your estate plan, and what the tax liabilities of your estate might be. If the property is in joint names, either party can access the funds at any time. If it is held in one name alone, only that party can access the funds. The beneficiary can only obtain access to the funds when the primary account holder has died.
The citation which stated where to have the legal notice filed will also have a "Return Date" on it. This is the date by which it must be returned to the Court, and the date by which other parties have the right to file objections. If there are no objections, and if the requirements listed on the citation have been met, the Court will then issue a Certificate of Appointment, which the executor will use to carry out their duties in gathering the assets of the estate.
Creditors of the...
I believe Suze's website has a disclaimer that the documents should be reviewed by an attorney. The ones I have seen that people have tried to do themselves have not been properly prepared and the language was very vague. I even tried to do one myself, just to see what the process was like, and it was nearly impossible to draft the document properly to reflect my wishes.
You would be well advised to seek the assistance of an attorney. Especially since when the documents need to be used,...
You could call the Nofolk County Probate Court to find out if an estate has been opened for your mother. You are entitled to copies of everything in the Probate record (if there is anything) although the Court may charge you to copy and mail the file.
If you mother had an attorney who drafted her will, you may wish to contact that person to see if they are handling the probate or know who is. The attorney handling the estate should keep you in the loop.
Very often a funeral home will set up an irrevocable funeral trust. Is this what you were told? In addition to funds in an irrevocable funeral trust, an applicant can have $1500.00 set aside in Burial Account.
You should have been notified that you have been appointed. There will be a certificate issued by the Court appointing you. You can contact the probate court in the appropriate county and then can let you know. The Courts are listed in the link below:
In general, if you do not want to be his guardian, the attorney will attempt to find someone else to be the guardian. There are professional guardians who will serve - they are often attorneys or social workers. His doctor or the state would not be appointed as his guardian.
The attorney is probably calling you to talk about it since you are your father's heir and have a right to be notified of the guardianship proceedings.
In general, when she passed away the life estate (and accompanying lien) were both extinguished and ownership of the home passed to the remainder person (the other person listed on the deed.) You should record a copy of her death certificate so that it is clear to anyone purchasing the house that the life owner has passed away.
It may be worth it to have an attorney review things just to be sure you aren't missing anything that might affect the title to the home.