Shamrock, TX Estate Planning Law Firms & Lawyers

Generally speaking if your aunt's residence qualifies as her residence for Medicaid and she has an intent to return to it, then that home should be maintained and the other home sold. Make sure that her residence has a homestead filed upon it for her benefit. You do not address if she is competent or if a guardian s or attorney in fact is considering the sale. Those are important facts. If you have additional questions or want to address the specifics of the issue or how the ademption can/should be dealt with, please seek legal counsel.

First, your father's estate must be probated by a Court heirship proceeding, small estate affidavit or Affidavit of Heirship, passing his interest to your mother (if all his children are her children). Second, if your mother lacked legal capacity to contract when she "sold" the lots to your sister, report elder exploitation to Adult Protective Services. Third, if the person who purchased from your sister did not know all this, your remedy is to sue your sister for the money she got from selling the lots. You may be eligible for free representation through Volunteer Legal Services or discounted representation through the Modest Means program of Lawyer Referral Service in your area or through a clinic at a nearby law school.

If the debt was in his name alone and was not secured by collateral, the debt becomes a debt of his estate, and not of his heirs. Any property owned by his estate would be potentially subject to satisfying the debt.