Legal Question in Wills and Trusts in Indiana

MY MOTHER PASSED AWAY IN APRIL OF 2011 ME MY SISTER AND MY NIECE WHO IS MY SISTERS CHILD ARE ON THE DEED NOW BECAUSE IN INDIANA THE PROPERTY FALLS TO THE CHILDREN" MY PARENTS ADOPTED MY NIECE WHEN SHE WAS A CHILD" ME AND MY SISTER AND ONE OF HER CHILDREN WERE LIVING HERE UNTIL JULY OF 2013 WHEN MY SISTER MOVED OUT, HER SON IS STILL HERE AND MY SON WHO JUST GOT OUT OF PRISON IN AUG OF 2013 AND HIS NOW WIFE LIVE HERE ALSO, MY SISTER WAS PAYING THE MORTGAGE AND I AM PAYING THE UTILITIES AND PROPERTY TAXES, NOW I AM STUCK PAYING EVERYTHING AND TO TOP IT ALL OFF SHE HAS LET HER DAUGHTER MOVE IN ALSO, SHE SAYS THAT IF I KICK MY SON OUT SHE MAY MOVE BACK IN AND PAY THE MORTGAGE, I DONT FEEL LIKE IM OBLIGATED TO SUPPORT HER CHILDREN AND SHE KNOWS THIS , WHAT ARE MY RIGHTS? WHAT CAN I DO , pPLEASE HELP IM FILING CHAPTER 7 BECAUSE OF ALL OF MY DEBTS , AND THE MORTGAGE IS STILL IN MY MOTHERS NAME AND IF I TAKE A HARDSHIP WITHDRAWAL FROM MY 401K TO PAY IT OFF MY SISTER MAY TRY AND FORCE A SALE TO GET HER {PORTION} I DONT FEEL AS THOUGH SHE IS ENTITLED TO ANYTHING, I HAVE LIVED HERE HELPING MY PARENTS SINCE 1980, SHE HAS ALWAYS BEEN IN AND OUT AND NOW SHE IS KILLING ME FINANCIALLY, ME AND MY MOTHER HAD TALKED SEVERAL TIMES BEFORE SHE DIED AND SHE SPECIFICALLY SAID SHE WAS LEAVING THE HOUSE TO ME , MY SISTER IS ON SSDI FOR "BI POLAR" AND MY MOTHER DID NOT TRUST HER TO TAKE CARE OF THE HOUSE AND SHE ALSO DIDNT THINK THAT MY SISTER COULD OWN PROPERTY BEING ON SSDI PLEASE PLEASE PLEASE HELP, I AM GETTING RAN OVER AND I DONT WANT TO LOSE MY HOME I HAVE TO FIGHT THIS


Asked on 1/27/14, 4:36 pm

1 Answer from Attorneys
Charles Candiano Candiano Law Office

None of this makes any sense. If your mother died after her husband and without a will, the house went to the 3 of you, her children. You were obligated to inform the bank. A dead person cannot hold a mortgage. That would have forced a buy-out. You would have had to give your sister and your niece, each, 1/3 of the equity in the house and assume the mortgage. This would have been FAR less expensive to do 3 years ago.

Your sister CAN own a house but CANNOT have liquid assets of $1,500 or more in any calendar month without disqualifying her from Medicaid for that month AND causing her to owe money to SS. The only way around this is with a special needs trust.

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Answered on 1/31/14, 6:32 am


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