my mom has been in an iowa nursing home for almost 2 years (with Medicaid). we are in the process of trying to sell her house (dad died 2 years ago). there are some pieces of furniture that I would like to have. my brother (executor) doesn't want any furniture removed from the house. he is nervous that the realtor and people who have looked at the house may tell dhs what was in the house and what is missing at the estate auction and that he will get in trouble. I feel this is highly unlikely. putting my brother aside, what can we legally take? thanks!
mom's house did sell. i kind of gave up on trying to take much from the house. my husband and i decided to go to the auction and bid on what i wanted. auction house came on october 5th and cleaned out the house. they told us the auction wouldn't be for a few months since there was a lot to go thru (dad had 1000s of die cast toys) and they also gave the impression that they would wait for more items from other estates to add to the auction. they had the auction on october 20th. they did not contact us with a sale date. i got none of the items that i wanted. the auctioneer advertised it on his website for 7 days. i feel sick.
Go onto your local MLS, or Trulia to see how the property is listed.
Ok so bro is executor for dad's estate. What is in dad's will as far as who get's what? Most couple's have it so that they inherit each others stuff. If that is the case, then your mom inherits the house and it's contents. Then mom can determine who gets what or doesn't get.
Personal property (like clothing, books, etc) is usually excluded from probate and from Medicaid asset list. But items of "significance" like expensive jewelry or true valuable antiques has a value that I bet Medicaid is expecting to be included in a spend-down. The problem is 1 person's idea of value is different from another's.
So are these true antiques?