Q: My mother is in hospice right now with weeks to live. She has a will but has not signed it? How do we move forward?
We have a POA and executor of estate. The home is worth less then 50k. How do we prevent Indiana, Allen county probate taking over?
A: Whether her property is in Tennessee or not is important. Whatever the case, it may be prudent for her to Deed her real property to whoever she wants to have it at her death. It can be a Life Estate/Remainder Deed. If MediCaid is involved then you probably need a lawyer to construe it as maintaining a Homestead. Other property should be dealt with now in accordance with her wishes or alternatively who Her perspective Next-Of-Kin will be. The Attorney-In-Fact should either forget about that power or not transfer anything to himself. In any event Probate should most likely be avoided. Hire a competent attorney immediately, as Probate later will be a disaster.
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