Legal Question in Wills and Trusts in Texas
Will that effects passing generations
My great Grandmother left a stipulation in her will that keeps a piece of land in our family until my mother passes away. My Grandmother has alzhiemer's and it is impossible for us to qualify for goverment assistance because this land is still showing as income. Truth be known there is very little income that is being attained through it and not nearly enough to pay for all of her medical needs. My parents have been coming out of pocket for most of the expenses and due to a recent job loss they are not able to carry on financial with both. Is there a way to fight the Will to sell the property to help?
3 Answers from Attorneys
Re: Will that effects passing generations
If your grandmother has Alzheimers, she's still alive. A will has absolutely no force until the maker dies.
Does anyone have power of attorney over your grandmother's affairs? If not, you may have to apply for a guardianship.
Re: Will that effects passing generations
You could apply for permission from the probate court to sell the property. You should see a lawyer for this. This requires some experience to get this done effectively.
Re: Will that effects passing generations
I assume that your great grandmother died a long time ago. It appears that she gave your grandmother a life estate in the property, remainder to your mother or father's generation.
I don't see why your grandmother can't talk to Medicaid and tell them that she will deed her life estate in the land to Medicaid. Then she will no longer own the interest in land, and she should be able to qualify for benefits. Let Medicaid try to squeeze some value out of that life estate. When grandmother dies, the remaindermen get the land - Medicaid doesn't.
Alternatively, get an appraisal of grandmother's life estate, and have the remaindermen buy her interest. She'll then have some money to pay for her expenses, and when it runs out, she should qualify for Medicaid.
These are just some ideas, and they will require an attorney's help to make sure it is done properly so that she can get the benefits she needs as soon as possible.