My brother was our step-grandfathers caregiver for 9 years. He recently put him in a nursing home because he was falling. Step-grandfathers lawyer has gone to nursing home and took copy of the Will, My cousin broke into the house that brother cohabitated with step grandfather. She took all brother paperwork and the will. We go to the courthouse, the will was picked up by the lawyer in Sept. Step-grandfather died in October. Brother was payee with Social Security Adm. My brother has no way of getting a copy of will. Can he put a lien on the house to recoup his losses, he paid property taxes, electric,water,sewer, cable, property insurance. The lawyer seems to be trying to steal this property from my brother. Is there any way that brother could petition the court to force lawyer to bring the will back to the courthouse. This has never gone into probate, the county attorney said it should have already been in probate. He told us if we could get copy of the will he would probate it. I don't know what to do?
If my parents were in their 90's when I was in my 40's or 50's, I could manage it with a ton of energy. Once I past that 60 year old mark, my health took a downward slide big time. Same with my sig other, his energy level is half gone. Sleeping on the floor, I would need an EMT to pick ME up :P
Now back to the cousin thing. File a "breaking and entering" police report. Be sure that you can prove it.
As for the Will saying your brother would get the house, you need to check to see if Medicaid was used in the care of the Step-Grandfather.... if the answer is yes, then Medicaid gets the equity from the house when it is sold, in the mean time, Medicaid probably has a lien on the property.
Sometimes the elderly fall and then break a hip. Sometimes the hip breaks and that causes a fall.
I don't know what you mean by "falling" is not an accident. Are you suggesting it is deliberate? Negligence? What are accusing us of, Reverseroles? I really don't get that statement.
If the step-grandfather wasn't able to pay the property taxes, insurance, and the utilities, with his social security and pension [if any] why was he still living in the house all that time? The house should have been sold and said equity [if any] used for his care elsewhere, like at the nursing home.
If step-grandfather was using Medicaid to pay for the nursing home, please note that Medicaid can place a lien on the house, and once the house is sold, said monies will go to Medicaid.
Who is the Executor of the Will? As that person to supply you with a copy.
diamons – I agree, more information is needed. If your brother has the resources, he should hire an elder law attorney. How was the house titled? Was he left the house in the will? Was the cousin mentioned in the will. Was the will ever filed? Only a lawyer could truly get to the bottom of all this, especially since it sounds like fighting it out with your cousin's attorney is involved.
I dont understand putting someone in a nursing home due to falling. If he was caring for him he wouldnt fall and a nursing home wont prevent that, sorry he passed away in the nursing home, how sad. You need more detail in your story for more answers I think,
Did you call the police following the break in? Was it your house?