My Mom passed away this week and it has been a family battle like I read alot in AgingCare..but with the passing my brother or myself will need to go to court ?? My Aunt, former POA said Social Services told her sell it right away as soon my mother went to hospital. This is where she received Medicaid so that she could make nursing home. I was her caregiver w hospice for the last yr and I have lived with her 3 yrs. I had been locked out til mom's passing, changed locks, cut power, refused me of my belongings. I've heard of this hardship waver but I'm not real sure if legal yet. My brother said probate and my uncle told me about foreclosure. If I paid for the house would it be house pmt. or in mom's case house and I think 2nd mortgage.500s up and 250ish in second so close to 900. I had been taking care of mom and now no job and boyfriend pays for me so kindly but we have nowhere to live. I'm overwelmed and tired so I guess what happens when you lose a parent and have do right by her but what is right?
Most states require two years of care for someone that the doctor determines the care is medically necessary. If you provided care for one year the waiver would not apply.
There are two mortgages on the home? Sounds like the only option to be able to stay there would be is you could buy it, paying off the mortgages.
It may help you to understand what is happening if you speak with an elder law attorney. Many will do free initial consultations.
- social services advised your aunt, your mom's financial PoA, to sell your mom's house when your mom went into the hospital (why did she go to hospital?)
- someone applied for Medicaid for your mom and she qualified (this is a process, no one just "receives" Medicaid and it takes 3 months from application to acceptance, fyi)
- you lived in your mom's house for 3 years (when and why were you "locked out"?)
- you have a Hardship Waiver, and you're not sure it is in effect yet
- your brother said the [house?] will go into probate, but your uncle says it's going into foreclosure (so, your mom's house was never sold when she went into the hospital?)
- you are seeking to buy the house now
- you don't work now but your boyfriend supports you financially
- something about a second mortgage...your mom had a second mortgage on the house and close to $900K is owed on it still?
We can't know what is "right" or even doable or legal unless you clarify the information. Thanks