Legal Question in Wills and Trusts in Arkansas

my dad is elderly. i have two brothers. one wants power of attorney over dad. they want to sell home when dad dies. i dont. what r my dads options? he asked me for advice but i have no idea what to tell him.


Asked on 4/20/14, 5:16 am

1 Answer from Attorneys

He needs to contact an attorney and get help. The easiest and cheapest way to fix the problem is to deed the house the all of the kids. If he is worried about the house while he is alive he should reserve a life estate for himself. A little explanation: http://whlawoffices.com/life-estate/

If the house is transferred to all the kids, the all must agree to sell it and you avoid the cost of probate. However, the transfer will be a gift and DHS will penalize you father if he tries to qualify for medicaid in the next 60 months. Once again, consult an attorney. There are a lot of forces at play and you need to choose wisely.

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Answered on 4/22/14, 6:05 am


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