Legal Question in Wills and Trusts in Ohio
My mom was a long term resident in a nursing facility in Ohio; 11 years actually and she was on Medicaid . My dad passed away a month and half prior to her passing. He lived at home and still had a mortgage. I know that the mortgage and taxes would be recovered after the sale of home and Medicaid would get the remaining portion of the funds ( which would be very little, if any). Having that understanding, I did not go to probate court to assume ownership of the property. Also, there was no Will in place. Now the bank’s attorney wants me to sign an “Affidavit of Joint Survivorship “ (I have an estranged brother) and an “Affidavit of Real Estate Inherited”. What does this legally obligate me to? Obviously the bank’s attorney is looking out for the best interest of the bank, not me. I am more inclined to allow the bank to foreclose on the property. What advantage does my signing of these documents give the bank? If I do not sign them are there any legal repercussions to me?
1 Answer from Attorneys
Please accept my condolences on the loss of your parents.
Yes of course the bank's lawyer is working for the bank and he's asking you to sign papers so the house can be sold and they can get their money back. He probably doesn't care if Medicaid is paid back, so that's a concern. Since any lawyer you hired would be paid first out of any equity left in the house, it makes sense to see a local probate lawyer and get this cleared up.
Good luck.
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