If my mom died in hospice in Sept 2006 and before she entered her lawyer came to her house and made her will to leave it to my daughter with no liens on it could Medicaid still take it? She was on social security she drew from my dad . They were divorced and she owed no one nothing . My daughter never filed nothing at no court house and now with me appealing my sister in court because she made her self as executor on my dad's things and he died leaving no will .. my brother keeps threatening to have my daughter's house my left her taken from her because of my sister and him taking all my father's things and excluded me out as a hire so I appealed and the judge fought my sister in a lie to become executor and my brother also and now for what my daughter told me about them taking his things there making threats to her . My court date is next month . The judge told my sister to get a lawyer . I can not afford one so I'm going with out . and she is having my daughter siphoned into court for what my daughter told me why I appealed . My brother was made to bring back some of my father's weapons . And my sister when she went in front of this Judge never mentioned them and the judge seen it . The day he died my daughter told me that my sister's daughter where he rented from ,they all went up there and took what they wanted and never contacted me . not at all . By my daughter telling me this is why I appealed and now with my brother getting fought in a lie when the judge fist asked him how many weapons and he said at first he don't know then said three and my daughter told me five and his bow and arrow and expensive tools etc .. He is threatening her through my sister's daughter on the house my mom left her . If I get anything on tape can I use it in court even if they know there not being taped if it is about the case ? I go next month for her decision on the 24th
One thing, though. If divorced, your mom and dad would be two separate legal entities. It would be wrong to have the court administer the estate to the heirs as if they were one legal entity.
Social Security income does not come from your Dad, but from an insurance-type pool of funds everyone has paid into, this benefit to your Mom as a divorced spouse may have been calculated on your Dad's earnings, but cannot be considered support from him, it therefore has nothing to do with him or his estate or his will.
That is why there are attorneys for probating an estate.
Maybe your daughter needs to probate your Mom's will?
That protection of the house can be paid through financing the asset.
Contact the local authorities and the ATF (FEDERAL AUTHORITES RE:Firearms) and report that there are missing firearms.
Don't be this upset when siblings make accusations that have no basis in reality. Find out, then your Dad's estate will be probated, it could take years, the attorneys getting 1/3, and by law you will be given your share.
It is not clear at all why you are going to court.
That is why I answered, trying to clarify and clean up some issues before the experts see your post and respond.
Can you state what case is pending that you have appealed and are going to court for? It is unclear.
Or, one parcel willed to your daughter by your mother?
Ask yourself, why would siblings seeking an inheritance, report to Medicaid and have them take the homes?
Have your daughter hire an attorney, what is your legal interest?
The states are required to consider a waiver when taking the property would create an undue hardship.
This means, maybe they will waive their right to take the property.
Does that help at all?
If your mother wasn't receiving Medicaid, the issue of their recovering her property is moot and you can move on to the other issues.
You can also research the laws for intestacy and designation of heirs for your state; that would likely be the governing principle for who gets what.