my DH has been left in his father's estate along with his siblings...his father died over 17 years ago without a will. How do I now handle his portion of properties that the father owned which were many? His siblings keeps trying to get him to sign to say he doesn't want any of the properties.
Angelb, do you have your husband's power of attorney? If so, then tell them NO. Hold out for his fair share. You should get a power of attorney or guardianship if you don't already have one or the other. Do not let his relatives steamroller over you. You might need that property to sell for his care.
If you have POA, then still talk with your Elder Lawyer on this as even having the properties in just his name may affect what will be left to you after.
You may want to consider putting the properties in a trust so that he even if he signs something, it won't have any value or change the who the properties belong to.
After you protect what is his, you may find that you have become pubic enemy number 1 with his family.
i agree with the others that he should not sign a thing until you speak with a qualified atty on the matter. i would also get started on it soon if you will consider medicaide at some point. not a legal expert, but i would think having those properties could be an issue if he applies for medicaide at some point and nothing has been done to take care of it. jane maybe knows about inheritance and medicaide:) so you will need to speak to an atty to see how to get that looked at. even with DPOA i would advise legal counsel on how to proceed to protect his interests and make sure its done so no reproaches later- divvi
Isn't famliy wonderful at a time like this. Greed conquers love 90% of the time, so we can have more stuff that we can not take with us, but can only leave behind for the next generation to fight over. If no one knows is it still stealing?
I agree with the others - do not have him sign anything until you see an attorney. And although medicaid laws are different by each state, I am relatively sure that any assets in his name that are not in an irrevocable trust will be subject to medicaid laws. I have property which I inherited from my parents jointly owned with a sibling and have been advised by our eldercare attorney that my portion of the properties would be considered assets and medicid would go after my share.