My mom just passed away and left a house to my brother who also just was diagnosed with advanced prostate cancer. He does not have medical insurance and is trying to get medical through the state. To qualify for assistance, he cannot own anything, let alone property. What do I do as I am executor of my mothers estate.

My mom just passed away and left a house to my brother who also just was diagnosed with advanced prostate cancer. He does not have medical insurance and is trying to get medical through the state. To qualify for assistance, he cannot own anything, let alone property. What do I do as I am executor of my mothers estate.



If you are thinking of hiding this property (which he now owns) you cannot do it - by Law the Will has to be probated and as Executor you have the legal responsibility to follow the terms of the Will.

Depending on when he is applying for assistance there is a possibility he can renounce the inheritance or quit claim the house but you would need an Attorney's advice and I don't know if you would be able to do either legally or in time.

What State?

Yes, the problem is he is to own the house, perhaps sell it and use that money for medical care? But it will largely depend on the probate rules of your state, you need as noted to get a probate attoreny invovled to see what is legal and not legal to do