If you are already qualified for Medicaid, it would depend on the availability of facilities and there is usually a waiting list. I think you meant Medicaid, not Medicare.

Unless a probate was filed and a court order issued you will not find that statement unless a petition for probate was filed.

If the account has you as a designated beneficiary, if she passes, it would not be a probate asset and would pass automatically to you without probate. Make sure she filled out the beneficiary form. Just being a joint account is not enough

Sounds like she was the grantee when she bought the house. A new deed from her to you would have her as the grantor. Does she have a will, stating her intentions?

Any changes to a will must be executed in the same manner as the original will. You will need witnesses and a notary.

No. Probate is in the county where decedent lived.

Put it in your will.

Was

A will must be filed in a probate proceeding and the court will determine its validity. Was the prior will revoked in this “new Will.” This must be brought to the court’s attention in a probate proceeding. You need to hire a probate attorney to file the case.

What does the will say? You are not an heir unless the estate is intestate. You may be a beneficiary of the will and if it is probated you would be notified. Whether you have a right to see all the documents is dependent on state law. I would suggest you consult with a Texas probate attorney to... View More

Not sure what the status of this loan is. Is it tied to a specific property? Is it a promissory note with terms and conditions, interest rate etc. will it be recorded? This is a very open-ended question and many more details required.

You need to hire a probate lawyer to open a probate to administer the estate. A will only nominates the executor or personal representative and it up to the probate court to appoint the executor and carry out the will. All of you would have to agree to selling the property.

He really needs a local attorney to figure out what is going on in the probate case.

There is no concept of apparent authority for a POA unless there are documents indicating the person that is giving the authority is incapacitated and has indicated previously prior to incapacity that they wanted someone else to handle their affairs.

It depends on the state. Every state has different eligibility requirements. Usually the items that you mentioned would not be considered assets for Medicaid eligibility. The administrators of the skilled nursing home are the best people to talk to since they know all the ins and outs of Medicaid... View More

It would be paid out of your wife’s estate. Generally this would be considered a debt of her estate but I am not licensed in Michigan so I would suggest you consult a probate attorney in Michigan.

Under the lawyer, other beneficiaries would be eligible to file the probate. What is the definition of the executor or personal representative in the probate statute? Does the will name a back up person, if the first is unwilling. Wills only nominate the executor and the court has to affirm it.

Without seeing the actual document, it is difficult to answer. The durable powers of attorney that I draft, just require the signature of the person giving the power, two witnesses and notarization.

If the will is accepted by the court for probate your uncle would be entitled to what he was given in the will and it is not dependent on the fact that he didn’t file the probate.

If no one agrees to a buyout of their share, they all would have to sign.