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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 35868
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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My mother is in a nursing home in Md. We are about to run

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My mother is in a nursing home in Md. We are about to run out of money. She left her house for us to split 4 ways. The nursing home said we had to sell her house first before medicaid will pay. They said if we dont sell it they put a lien on it. How can we sell it if she is dementia ridden and my sister is the executor of the will but I think only after she dies. Can we sell the house?
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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How can we sell it if she is dementia ridden and my sister is the executor of the will but I think only after she dies. Can we sell the house?
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I am sorry to hear that you are running into this problem with selling the house to pay for mother's care. If she has dementia then someone would have to file a petition in the probate court to be appointed her guardian so that they would then have the legal authority to sell the house to pay for her care.
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Either that, or they are correct that Medicaid will place a lien on the house for the costs of any care that they provide. Once mother passes, they would then enforce the lien under the Medicaid Estate Recovery System and force a sale of the house to be reimbursed for any costs expended on her care.
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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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Customer: replied 3 years ago.

Thank you she is in Maryland. I want to know if my sister is the executor of the will and can sign her name on checks does that automatically make her guardian and if not where does she go in Baltimore to do that thing.

I want to know if my sister is the executor of the will and can sign her name on checks does that automatically make her guardian and if not where does she go in Baltimore to do that thing.
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A person doesn't legally become executor until the person dies who made the will. So if mother is still alive, sister is not executor yet. The executor settles the estate after the testator dies.
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If she has check writing authority, then she is either listed as a joint owner of the bank account or she has a power of attorney for mother.
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If she has a power of attorney for mother that was executed when mother was still legally competent, then sister would have the power to sell the house and sign a new deed over.
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If sister doesn't already have a power of attorney, then someone would have to file a petition in the local Probate court in the county where mother lives to have a judge name them guardian over mother.
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Thanks
Barrister

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