My mom is in a nursing home, I am the executor to her will. Her home is going to my brother but in the meantime her home is sit
2 attorney answers
You mentioned that your mom is in a nursing home, but you didn't mention her mental state. You also didn't mention where the money to pay the nursing home is coming from.
If she is competent - she can consent to the grandson moving into the property. This should be done in a signed writing or through a power of attorney. She can by making you her power of attorney empower you to act for her as to the house. Although having her grandchild back in the house may protect the house from vandalism and decay -- it may be in your grandmother's best interests to rent out the house to help pay her expenses. If she is not competent a state court filing can establish a guardian/conservator over your Grandmother's property and empowering you or another to act on her behalf. Acting on her behalf the conservator can allow use of the property to protect it or rent it out if appropriate and in your Grandmother's best interests.
If she is receiving State Medicaid or the equivalent then the value of the house may be subject to a lien by the State to recover what they have spent on your Grandmother. See a local Elder law attorney as soon as possible to protect her home from Medicaid state recovery. A good Elder law attorney will help your family develop a plan for your Grandmother's long term care and a financial plan consistent with your Grandmother's goals. Be careful in who you select. Just because someone can do wills and trusts does not make them an elder law attorney.
Very truly yours,
Joel S. Weissler
Attorney at law
Weissler Law Group
3333 Camino Del Rio South #235
San Diego, California 92108
Phone: (619) 281-1888
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The person listed as the owner on the deed owns the house. If your brother is not on the deed and is not acting through a power of attorney or guardianship for your mother then he may not have authority to act as you describe.