Lady Bird Deed or Lady Bird Deed of Trust Question

Lady Bird Deed or Lady Bird Deed of Trust Question

Investor · Shelbyville, KY · Member since 2011 · 93 posts · 20 votes

What is it ? Where should it be used ? See below for the reasoning 

The Details :

My mother lives in Florida . The wife and I* have moved in with her as her care givers But she has severe Alsheimer / Dementia  Stage 5 showing signs of stage 6 . Assisted living is NOT going to work for her . Based on her Primary Carhe other e , Neurologists and Geriatric Doctors doctors are saying skilled nursing or convalesant home

Of course at this stage of life we all want the BEST for our parents . Looking around at options Skilled nursing homes that address these issues is about $7,000.00 - $8,000.00 per month . Being outvoted by my 2 sisters . They want : Sell the condo " AS IS " Put the proceeds in a Trust until her passing and then Probate the Estate . Additionally use up her savings Rehabing the place the put mom on Medicaid . That is something that I Personally have issues with .

ARV : Comps in Excellent shape $ 125,000.00

As is at 70% below comps $ 85,000.00 ?

Realistic Repair cost : $15,000.00

Although I have Power of Attorney , I am NOT looking to receive any of the proceeds when the estate does get settled . I really have no experience or knowledge of Lady Bird Deeds Any help please ?

Hard questions to decide when the shoe is on the "Other Foot "

The other question to ask is : Do I look for a home in Florida ? or move her to to a facility in Kentucky where I will be going back to .When all is said and done . Family there on a regular basis can visit with her there . The downside to that is there MAY be a NEED to secure above mentioned Specialty Doctors and then trying to consult an Elder Care Attorney in that State 

OR :

Make an offer to my sisters say $120,000.00 for their share of the Condo . Send them each a check for $60,000.00 each then take it out of a Lady Bird trust and sell it ? I guess you would call that a Self Flip !!??

Any advice would be Appreciated

Thanks 

Bob Baldwin

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  • Residential Real Estate Broker · South Barrington, IL · Member since 2016 · 1 post · 0 votes
    10y

    Hi Bob,

    We were in similar circumstances several years ago. It is a tough situation to be in with siblings . I would definitely consult an Elder Law Attorney to determine what the rules and regulations are for the state your mother will be living.

    Another recommendation is to have your mother live in a home she owns or rents with full time live in caregivers. You have to see if you would be saving money from that and the cost of the nursing home. I also had a friend who bought a 2 flat and rented one of the apartments out to another dementia patient and they shared the costs of the caregivers. Unfortunately, we did not do that and sold my mom's home at $450k and went through her other assets totaling $1.5 mil and just right before we had to place her on Medicaid she passed away . I didn't need any inheritance, but one of my sisters desperately depended on receiving an inheritance and no longer speaks to me. Good luck and document all your research.

    Regards,

    Inis

  • Bryan DruryPro Member
    Investor · Owensboro, KY · Member since 2008 · 130 posts · 65 votes
    10y

    @Bob Baldwin Not sure I'm following what you want to accomplish? I know nothing  about Lady Bird Deed of Trust.Sorry can't help you there.But I know a tad about Medicaid.They have a look back period to determine if the patient had assets prior to applying for Medicaid.It use to be 3 yrs. but was changed to 5 yrs I believe.If you put Mom in a facility you will have to spend down the assets on her care to around $2K.Then she may be eligible for Medicaid.You really need to talk to an Elder Law Attorney to get the facts as they relate to your situation.Good luck

  • Investor · Shelbyville, KY · Member since 2011 · 93 posts · 20 votes
    10y

    Bryan :

               You are correct about spending the assets down to $2K 

               I actually called my Attorney for closings this morning in Ky. to review her assets . He also suggested that I contact an Elder Care Attorney in Ky . to discuss the matter . The problem with attorneys is like Doctors they all have their Specialties . My attorney Mike also is a very good friend of mine so I said Mike " Can you do some Research on this for me as it would apply to Ky. law ? Make a few calls to get me started in the right direction to make a final decision .? So I asked 2 questions : How long to Research it ? About an hour . What are your hourly rates now ? So I just sent him out a check for 2 hours of his time .. Not that I like giving money away but I just don't have time to SHOP for the better Elder Care Attorneys . After all we have to have Trust in our Attorneys for their consultation and advice .

  • Investor · Shelbyville, KY · Member since 2011 · 93 posts · 20 votes
    10y

    Iris : Absolutely I will Document everything moving forward . My mother up to this p

    oint has lived a modes life since my father and another sister who was living with my mother passed away . One sister whose husband is in the last stages of Muscular Dystrophy I have helped over the years Property Taxes . Unexpected Emergencies just so they could stay in their home . The other sister is a retired Corporate Tax Attorney that taught Corp Law at Yale when she did retire and now lives in a YURT  in Northern Vermont " GO FIGURE " !!!

        I had both Bathrooms re-done in my mothers condo yes I did split the cost with her trust account . Put all monthly expenditures on Automatic Electronic Payments etc; Am I trying to TOOT my own horn absolutely NOT 

      Like you I DON"t want to be re-imbursed for anything . I just want to do what I percieve to be the RIGHT thing to do when she was of sound mind . I have no problem as I said cutting a check to them and be done with it or buying the condo from my mother Full Retail " Never thought I would do that again " LOL " !!! and letting my mother " GIFT " the 2 sisters what ever amount is Legal to do , though I think they may come out on the short end of the stick doing it that way .

    I have no problem with any nursing home being paid for their services rendered ,just hate seeing any of her money going to the govt if it can be avoided

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