Legal Question in Wills and Trusts in Texas
OK, so my Grandfather died last December. My uncle had power of attorney. I know that that all ended upon my Grandfather's death. He & my father got together and signed a contract stating that my Dad was to buy my grandfather's house after he died, then split the $ between the remaining children. (they had signed permission from their other siblings that this was ok) My grandfather had been in a nursing home for 2 years & soon after he passed a letter came from the "state" saying that Medicade or Medicare, whichever, had paid for his stay that whole time and were seizing the house to pay the debt back. Ok, I get that. my dad then moved out after they remodeled the entire house. My uncle sold the house (for way more than what my dad was going to pay!), has yet to tell my father he sold the house, refuses to let anyone see the will, personally, i think something is going on here. So what my question is all that being said...
1. How would (OR COULD) the State miss the fact for almost 2 years that he had a property that was paid for and all of the sudden they want there $$ back? I figured that they were on top of all that before the agree to pay for someone care.
2. Wouldnt the STATE auction off or sell the house? They wouldnt just let YOU sell it the pay them back?
Sorry this is so long, but there is some screwy stuff going on here. My uncle also traded my grandfathers truck in for him a new one, and after he went into a home he and his wife cleaned out the the house, everything of value, then called the rest of the family and let them sort through the left overs.
Can he do all of that?!
Thank you so much for you time!!!
1 Answer from Attorneys
I agree, this is screwy. Before your grandfather died, only or his attorney in fact could sell the house. After his death, the power of attorney ended. The only person with the power to convey that house would be the court appointed personal representative of his estate.
Medicaid/Medicare has a claim against your grandfather's estate for the cost of the care it provided. Your dad has a claim against the estate for the value of contract to purchase the house plus the value of any improvements he made. Medicare/Medicaid and your dad, may have a claim against children who received the purchase money.
Government employees generally only know what they are told.
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