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Your sister could be in legal hot water if she sells your mother's house at a price significantly below its market value. Is she aware of that?
Also, if in future your mother needs Medicaid, it could affect that too.
But there are various ifs and buts before you can do anything effective to prevent the sale (if that's what you want) or insist on your brother's paying the correct price (if that's another option). Your mother may have dementia but that doesn't necessarily mean she didn't want your brother to have the house or isn't happy with this arrangement, for example. And then again, how much below its realizable value is he planning to pay? Are they in a hurry to make the sale because they need cash for your mother's care needs?
So - there are questions, but your sister may have acceptable answers. Ask by all means but focus on your mother's wishes and her best interests. I'm sure it's not the case with you but it looks ugly when all a person seems bothered about is inheriting as much as possible.
Please help your mom. And help your guardian sister, who probably does a lot for your mom.
Please don’t tell me you’re someone who does nothing to help, and waits around for inheritance.
In your question I don’t hear any concern for your mom, nor for your mom’s care, nor concern for whether sister is using the sale’s money appropriately for mom’s care. I only see: “I know she’s not dead yet, but what about my inheritance?”
Yes, your sister needs to realize that if Mom ever needs Medicaid, or receiving it now, Moms house must sell for Market value. Any proceeds must go for Moms care. Medicaid will penalize Mom and then someone has to pay for her stay in a NH or care for her themselves until the penalty period is done.
A Will is only good if there is an estate. If Mom needs to liquidate her assets for her care, there is nothing to inherit. Wills are for "just in case".
While your mother is alive, any assets she has need to go to pay for her care. Persons named in a will are not entitled to an inheritance until the grantor is deceased. However, the guardian should not be selling her house at below fair market value. Guardians are required to file detailed financial reports and the court will not look kindly on selling the house at below market value. Selling to a relative is particularly problematic but would probably be OK if there is an appraisel and it can be demonsttrated that the sale is at or above the house's market value. In addition, if your mom is on Medicaid now or may be within the next 5 years, selling property at below market value could result in a penalty and delay in recieiving Medicaid.
You don't mention if your Mother is a Medicaid recipient, so if she is, then this will be a problem.
I purchased my Mom's house in 2019 and went through a real estate attorney. We were advised to buy it for FMV (fair market value), which we did.
If your Mom needs to apply for Medicaid within the next 5 years (depending on what state she lives in the "look back" period differs), then this sale may cause a problem for her to qualify. If this becomes the case, then your sister will be paying for her care personally, or she may need to give up guardianship. Best to consult with an elder care attorney or Medicaid Planner for her state.
Regarding inheritance... again, you should pose this question to an elder law attorney. You may need to prove that your sister committed financial abuse/fraud against her mother as guardian by selling the house at such a low price, because this is NOT acting in your Mother's best interests.
If the house is sold before your Mom passes and the funds were allegedly used to pay for her care, then I'm not sure what you can do about it. Talk to a lawyer before too much time passes after the house sale. You will be paying for the consult out of your own pocket.
If you mother needs Medicaid in the next five years, there is a look back and that will cause more issues than either of the siblings will have to deal with.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
Also, if in future your mother needs Medicaid, it could affect that too.
But there are various ifs and buts before you can do anything effective to prevent the sale (if that's what you want) or insist on your brother's paying the correct price (if that's another option). Your mother may have dementia but that doesn't necessarily mean she didn't want your brother to have the house or isn't happy with this arrangement, for example. And then again, how much below its realizable value is he planning to pay? Are they in a hurry to make the sale because they need cash for your mother's care needs?
So - there are questions, but your sister may have acceptable answers. Ask by all means but focus on your mother's wishes and her best interests. I'm sure it's not the case with you but it looks ugly when all a person seems bothered about is inheriting as much as possible.
Please don’t tell me you’re someone who does nothing to help, and waits around for inheritance.
In your question I don’t hear any concern for your mom, nor for your mom’s care, nor concern for whether sister is using the sale’s money appropriately for mom’s care. I only see: “I know she’s not dead yet, but what about my inheritance?”
A Will is only good if there is an estate. If Mom needs to liquidate her assets for her care, there is nothing to inherit. Wills are for "just in case".
Hopefully if they try, the atty will set them straight.
I purchased my Mom's house in 2019 and went through a real estate attorney. We were advised to buy it for FMV (fair market value), which we did.
If your Mom needs to apply for Medicaid within the next 5 years (depending on what state she lives in the "look back" period differs), then this sale may cause a problem for her to qualify. If this becomes the case, then your sister will be paying for her care personally, or she may need to give up guardianship. Best to consult with an elder care attorney or Medicaid Planner for her state.
Regarding inheritance... again, you should pose this question to an elder law attorney. You may need to prove that your sister committed financial abuse/fraud against her mother as guardian by selling the house at such a low price, because this is NOT acting in your Mother's best interests.
If the house is sold before your Mom passes and the funds were allegedly used to pay for her care, then I'm not sure what you can do about it. Talk to a lawyer before too much time passes after the house sale. You will be paying for the consult out of your own pocket.
IMO it is attorney time.