My mom was deemed incompetent. She didn't do a will and she is in a nursing home for a long time. She never did a will so can a judge decide who should get the house? There is her other son and I can show him the restraning order my mom had against him yrs ago but she let the order expire.

Actually I don't think I can even find my brother unless he is in jail.
Thanks

Depending on the state you live in and the situation she is in. The state may hold an interest in the home if its paid for. If she is relying on state government help to pay medical bills then the state has a right to recover. So really it depends on who is picking up the tab for her care. If there is no will then when she passes the disposition of the home would go to a probate court. Sorry to hear about your mom.. good luck

If she can no longer do a will, this will have to go to probate court. This is assuming the nursing home does not end up getting the home for costs of her care.

But him being in jail will often have little to do with his legal rights to inherit the property, it is likely ( sorry) that the home would be sold to pay her debts, and then the money divided between you and your brother.
** assuming she is divorced or husband passed away

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Originally Posted by rene2008

My mom was deemed incompetent. She didn't do a will and she is in a nursing home for a long time. She never did a will so can a judge decide who should get the house? There is her other son and I can show him the restraning order my mom had against him yrs ago but she let the order expire.

Actually I don't think I can even find my brother unless he is in jail.
Thanks

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If your mom is a guardianship/conservatorship Ward, there will likely not be an inheritance to worry about. The house is usually sold by the guardian/conservator along with the assets, personal property, etc. The guardian/conservator then bills against the funds until the estate is bled dry. Your mom ends up on Medicaid and the US Taxpayers pick up the tab.

For more information, visit the National Association to STOP Guardian Abuse, Welcome to NASGA! and blogspot.org.

Hi thanks for your replies. We're in CA and there is no recovery for medi caid as I am am her daughter and on SSd so medicaid will not do a recovery since I can't work. I've check into that with her social worker at medicaid.

She has been on medicaid and medicare for over 10 years.

Medicaid will let her transfer the house to a disabled child of any age but she is incompetent. Well I don't believe she's incompetent.

Thanks so much for reading and answering my question