Dearborn, MI asked in Family Law, Elder Law and Probate for Michigan

Q: What can I do my father past away this year Jan 10th he was a former veteran he had no will no power of attorney

I'm his daughter his benifituary the nursing home is sueing me for the bill and trying to take his house that he left me I am on the deed what do I do the nursing home already file a summons

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1 Lawyer Answer
Brent T. Geers
Brent T. Geers
  • Probate Lawyer
  • Grand Rapids, MI
  • Licensed in Michigan

A: You need to be in touch with an elder law attorney asap. First, that person will need to help you figure out if you are being sued individually or in the capacity of the estate representative. If they are trying to take the house, I imagine you are involved in your capacity as the estate representative, and you are not yourself personally liable (e.g. you signed something saying you'd be responsible for the bill).

The other issue is how and when this deed came to be, and whether it was actually recorded.

If the nursing home is suing, it might suggest Medicaid was not involved in paying for any of the care, and so they would be suing on a breach of contract and looking for assets to satisfy the debt. It's possible, however, that your father pledged the house at some point and likely upon admission to the nursing home. Many assisted living facilities accept a person's house in consideration for the promise to provide increased levels of care through end-of-life.

A lot to consider here, none of which you can likely fully consider and unravel on your own unfortunately.

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