I sold my condo in Tampa one year ago to move in with my elderly mother (92) and care for her. The commute back and forth to check up on my condo took it's toll on me (car wreck on I-75, car totalled) so I sold my furniture, and pretty much gave up my life and friends. I planned to live temporarily with Mom, and find my own residence. There literally was no one else to do this - my brother lives in Arizona with his wife, and does nothing to help with Mom's care. He and his wife stated awhile back they had no interest in Mom's house after she passes away. My question is, as durable power of attorney, do I have the right to live in her house after she passes? She has dementia now, and can't sign legal papers to make this happen. Her will states that my brother and I share her assets equally after her passing.
Will look into this with my Medicaid planning attorney and get her take on things.
If its you, then that is ideal situation for you to continue to live at the house & do whatever is needed to transfer property as per her will which is a 50/50 split. If its both you & bro to be co-executors, it's going to be more involved and imo you'll need an atty.
What I'd suggest for you to do now is to review her will to see exactly what she wants done. Then do some research into how property can be distributed after death for your state. States vary as to how this can be done in probate court. Like if your state allows for a "muniment of title"; a "small estates affadavit"; or if you need to open full traditional probate. Some definitely need an atty while others maybe not. But this way you'll have a better idea of what will be needed and can speak more clearly with your brother as to the approach to take.
Personally in my not an atty viewpoint, I think if house & car are owned outright, the assessor value of house is sensibly accurate & mom died with no real debts; & you have all her documents; you are named executor & have your wits about filing & finding things at the courthouse; & bro releases any heirship; then you can totally do a Muniment of Title on your own to get will done & house in your name. Muniment costs vary but its likely to quite a bit less than full probate & likely under $1k and maybe with 3 filings at courthouse within a set # of months (like 6-8 mos). If there's all sorts of debts (claims), or if mom was on Medicaid, or you get flummoxed going to the courthouse or placing a notice in the paper or your brother starts challenging your staying in & getting the house, then you will need to hire an probate atty whether it's muniment, small estate or full probate needed.
Also about determining assets of her estate, the value of the house, its contents, value of car, all other funds and any insurance policy named beneficiary will add up to be the value (assets) of her estate. This $ amount is important as small estates affadavit will require it be under a specific amount. You don't want it to happen that mom died and was $10k above the small estates limit and mom could have put a new roof on the house for 11k.