I would have to pay the insurance on mom's house... mom's bank account has no money in it anymore and Tom is telling me that I don't need to pay her homeowner's policy since he thinks Medicaid only needed assurance it was covered while she was alive. I've not got an answer from my attorney regarding this and I thought maybe you might know the answer. I may go ahead and send the money anyway but he thinks because she died that I don't need to cover the house and Medicaid only needed it covered since they were paying her excess bills after her primary coverage didn't pay. I wish my attorney would answer my questions ! Her premium is due May 20th and I 'm running out of time! I also heard that if the insurance company had known she was I a nursing home for over a year they may have cancelled her insurance anyway? I don't want to open a can of worms by calling her insurance so that's another question I have.
Re: beth,another question
Posted by BethNJ on 5/14/2020, 10:56 am, in reply to "beth,another question" Socks Junkie
I assume that while she was in nursing home and under medicaid the nursing home was using the home as collateral for her cost of care??? I also assume that after her passing they no longer have an interest in her home, make sure that's correct!! I also assume that her home and any other asserts are now part of her estate and beneficiaries are her surviving children, right? IF this is all true and the home goes to her beneficiaries through the estate, then if the home burns down and has no insurance it's a total loss, no insurance monies will be paid. If she has outstanding bills to medicaid, medical and etc. they would have to come from the estate. If NO money left in estate the creditors can come after the beneficiaries. You can contact the insurance company and ask for a monthly or quarterly payment plan. That way it's not a lot up front cost and you can pay month to month. Once property is sold, any remaining ins. coverage premium due would end. Any over payment would be refunded, possibly to the estate? Your estate lawyer should know these answers and if you can't get good advice then contact the insurance company. They may have a higher premium if the property is vacant, but also if fully paid for would depend on tax assessment value or current market value.
My dad was not in a nursing home and was living at home until hospitalized and into hospice withing a few days and death withing less than a week. He had his deed as part of his trust account which went to surviving beneficiaries listed in his trust. Since we were selling the property, doing estate sale and having lots of people on the property I insisted we have the insurance paid up. Once we closed and settled the unused premium was returned, prorated from date of sale. We only paid it to protect from fire and liability. hope this helps. Every state estate, trust laws are different. Good luck!My "2016" saying is: "All racers, mess a lot with Lagano" What goes around comes around". Lagano **Praying daily for all my Posse family here**
Goooooooooo Teams Elliott, Byron, Blaney, Larson, JJ
Thanks for all the info.. after posting this I went ahead and paid her premium for another 3 mos. Tom doesn't want me to contact the insurance co just yet and I don't want them coming after us for anything or calling our house . My lawyer hasn't returned my calls and I know he's having some law issues himself ( he fired a gun at his step son who entered his house unlawfully and was trying to steal , ) but apparently he is having a court case to see if he's in trouble.. I thought when someone is on your property or IN your house you have the right to defend your property or possessions but there might be more to what was mentioned in the paper. My luck ! we pick a lawyer like that. TOm knew him from living in Doylestown and he knew his family so that's why we used him thinking he would be local and we trusted him. He did our wills and drew up the papers for my POA and healthcare for my mom with no problem and I talked to him right after my mom died and he told me to drop off my mom's will and an original death certificate so he could file with probate and so we went over and put her stuff in his drop box at his office right after she died ( Covid had started right when mom died ) and I've left 2 messages and he hasn't answered since. I have no other siblings and her house was free and clear, no mortgage. I realize that Medicaid will get the money from her house. She had her regular insurance ( hospitalization with another company and Medicaid was secondary whatever her primary didn't pick up ) so, I wish he would call me back. When he talked to me right after mom died he told me a lot would have to happen before I could put her house up for sale so I'm in a holding pattern I guess. We were getting the house ready for an estate sale for the inside contents ( which I can sell ) and then the virus started so that's on hold till I can have people come to a sale . Seems like everything is against me. I know it will all turn out eventually but it worries me no less. It also worries me that he has my mom's original will !! I do have a copy of it that my bank copied for me but if something happens to her will where does that leave me? The will my mom and dad had made was made in the 80's and that lawyer died so if something happens to that will where does that leave me? UGH !! I just wish he'd call me and let me know what's going on. I trusted him to do things for me by the law and now I am in limbo. :(
Wow, not good on your lawyer. Does he have a partner that you could contact his office to assist you? If nothing else I would go by his office and get the original will, leaving him a copy. If he doesn't call you back within a week I would contact another lawyer for a consult. Many will do a free consult or charge very little. I wish you the best and hate things have been this way. My "2016" saying is: "All racers, mess a lot with Lagano" What goes around comes around". Lagano **Praying daily for all my Posse family here**
Goooooooooo Teams Elliott, Byron, Blaney, Larson, JJ
He called me finally. Our courts were shut down due to the virus until this Monday. He sent me papers to fill out so he can file the will with probate. We then took the papers to his office and put them in the drop box. Once he files the will I can sell the house. I've been pretty worried but it looks like it's going to be ok. Now I wait again. I want to get this over with!
Just for your info when her land taxes come up and they know she has passed, you will lose her homestead exemption. My mother in laws land taxes went from 1200 a year to 3100 a year. Be ready for a shock. If you have homestead exemption on your home you can not file for homestead on her home. I am learning as we go along with my mother in laws home.Go #4 Kevin Harvick
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on 5/12/2020, 12:42 pm