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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 34772
Experience:  Attorney with 16 years experience
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My elderly aunt who I have recently become POA and Payee Rep

Customer Question

My elderly aunt who I have recently become POA and Payee Rep for has lived in her mother's home before and since she passed over 33 years ago. She has one sibling remaining plus herself. They have never had the title in the property changed into their names. Now my aunt has been moved to a Elder Foster home for care, and receives help from the county and MA. Her sister says it would cost about $5000 to take this thru probate which neither of them have. I am being told that the property may be counted against my aunt by social workers with MA as property she owns even though it is not in her name. Is this true?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: I'm sorry...Mpls. MN
JA: Has anything been filed or reported?
Customer: Not sure what you mean by anything...
JA: Anything else you want the lawyer to know before I connect you?
Customer: This property has not been reported as owned by my aunt to MA. However she does have another property in her name which another cousin who was caring did not report she told MA that my aunt owned no property. Now I need to know what to do about that too...
Submitted: 4 months ago.
Category: Family Law
Expert:  Barrister replied 4 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney whowill try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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No, if the house is still in the mother's name, then it is owned by her estate, not your aunt. Aunt may have an expectation of inheriting some portion of it, but right now, she doesn't own any of it.

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As for the other house, if aunt owns it, then it should be reported but if they didn't catch it when she applied for benefits, it might create more trouble if it were reported than to simply not say anything.

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thanks

Barrister