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    scoops1212's Avatar
    scoops1212 Posts: 1, Reputation: 1
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    #1

    Sep 15, 2012, 08:53 AM
    Inheritors rights to empty property?
    If parent is in nursing home, and never to return to the home, and his daughter is the inheritor of his property, does she have a right to take possession of property and "move in" before death? Also the daughter is paying taxes... the conflict is that "conservators" have already tried to sell the property.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Sep 15, 2012, 08:56 AM
    Quote Originally Posted by scoops1212 View Post
    If parent is in nursing home, and never to return to the home, and his daughter is the inheritor of his property, does she have a right to take possession of property and "move in" before death? Also the daughter is paying taxes...the conflict is that "conservators" have already tried to sell the property.

    She inherits when the person dies, not before.

    I have no idea why "she" would pay taxes out of her pocket.

    The conservators have the right to attempt to sell and/or sell right up until the owner of the property dies. If something is bequeathed by Will and the person didn't own the "something" on the date of death, it's a closed issue.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #3

    Sep 15, 2012, 09:57 AM
    It's common because of Medicaid requirements to sell the home of a nursing home resident receiving Medicaid. The parent would have had to deed the property to the child 5 years before getting Medicaid.
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