They can't "throw her out" but Medicaid won't pay if there has been divestment... the more that was divested, the longer the "penalty period"... Why not consult with an elder law attorney to find out what your options are?
Q: Can children buy land from parents for $1.00 or per acre?
A: I agree with Attorney Frederick that this would probably be a huge mistake and result in a lengthy penalty period during which your parents would not receive any Medicaid help.
There are very effective strategies out there and I am acquainted with a few Texas attorneys who use some of them. You need to talk to an elder law attorney to devise a plan based on likely need for long term care.
1. What can we do?
A: Restate the trust; typically (but not always) the trust provides for the surviving spouse to be sole beneficiary and dad would have the ability to restate the trust, that is to sign a new trust document amending and replacing the old trust document.
2. Is there a firm who can assist us?
A: I'd suggest that you interview elder law attorneys because "Time is of the essence as my dad's health is declining." and elder law attorneys have some very helpful techniques when it...
Lifetime gifts are not part of the decedent's estate because the decedent didn't own them at the time of death. The more relevant question is, how can you prove that these items were freely given gifts without undue influence?
If the items are of significant value, it may well be worth consulting with a probate litigator to find out how things stand in your neck of the woods...
Why do you and your siblings have to agree? Unless dad made the big mistake of making you all co-executors? It's time for the executor (if there's only one) to put the hammer down, bang the iron fist and get this done.
The value of the car is what you can get for it today and that shouldn't hold up the estate until, say, maybe next Monday. Get the damn thing sold and move on!
DANGER - DANGER! Do not be tempted to use a "standard form" or something you downloaded, you really really need to see a professional elder law attorney in a case like this!!!
A power of attorney is a document from your sister saying that whatever she could do, you can do for her. To get a power of attorney, sister has to be mentally competent and aware of what she is doing.
Talk to an estate planning/elder law attorney lickety-split because you need to start protecting your sister's...