[cay2015]

Here's the situaion: I was planning to buy a home in the villages when my brother developed fronto tempral dementia. He is now living with me and we are in the process of selling his home. When that is finished, I will sell my home and we will move to the villages. He wants to buy half of the home while I buy the other half. I don't know what to do. I'm worried that if one of us has to go to a nursing home, will the other one lose the house. Does anyone have any ideas on what the laws are reguarding a brother and sister owning a house in Florida? Would it be better for me to be the sole owner of the house? Please Help!

[Boomer]

Hi cay2015,

You have a lot to consider in your situation. I suggest that you contact a respected Florida attorney. I wish I could provide a name for you, but I cannot. The last time I was in TV, I met an attorney that made a good first impression on me. I think if we get to a point where we need an attorney for puchasing a house there, I would contact her. But I cannot give a real recommendation because I have had no legal issues where I would need a Florida attorney -- so far. I hope someone can give a good recommendation for you. I would not do anything like this without legal advice.

But while I am up here so late tonight, which is unusual for me, I thought I might as well go ahead and recommend something else for you, just in case it could help you with your situation in general with your brother.

The June issue of Money magazine has a two part special report titled, "Protect Your Parents." Although I realize you are not talking about your parents here, I think you might find the article helpful as you try to think of things to help your brother in his situation. The third part of the report will be in the August issue. The June issue is available now so you might want to look for it when you are out and about soon.

Sometimes we find ourselves in the position of being lovingly responsible for our adult family members and during such times there are so many things to think about. I understand that you might be thinking of many questions and maybe this report in Money can help.

But for this house thing, please get good, solid, legal advice, in Florida.

I wish you and your brother happy times in TV.

Boomer

[katezbox]

I Second Boomer's advice on this. We can all give advice, but we could really steer you wrong. If you don't get a tip on a local attorney, send me a PM. We have a friend who practices in Daytona that my husband has known for 50 years and who we have also had dealings with as a professional.

K

[2BNTV]

I totally agree with Boomer and katezbox's advice on this matter.

I see this is your first post. To send a PM, left click on the persons name and a drop down box will appear and one of the options will be to send a PM to that person.

Welcome to TOTV and best wishes.

[CTgolfer]

I agree you should seek professional advice. However, having recently moved to the Villages and wanting to be sure all our legal paperwork was in order, we were advised that Florida law restricts creditors from going after your home. We were also informed that if an owner of a home needs nursing home care, the house is not considered an asset to pay for the nursing home. Please don't take my work, though. Professional advice would be best.

[KathieI]

I have had some legal dealings here in TV with a firm called Millhorn, there were a couple of issues we worked on, one being power of attorney for my 94 year old father, and also worked with them on a living will and medicaid issues for my father. I found them to be extremely professional and knowledgeable of the law and very easy to work with. They hold seminars periodically and you can find them listed in the Daily Sun. My friends have also had excellent experiences with them. I would highly recommend you call them even in advance to answer any questions for you. They are very cooperative.

[rjm1cc]

I think you want a FL attorney that specializes in Elder Care law. Make sure you each have a will, power of attorney and living will (health power of attorney). Probate can be a problem in Fl so you probably want to title your assets so they pass to the proper party when you die. Be careful that you do not pass title before you die. You may also need a living trust.

[Ohiogirl]

we recently used Mary Trotter (office now on Wedgewood Lane, golf cart accessible), who is a certified elder law attorney. We were satisfied, seemed to know her stuff.

[natickdan]

Sadly, from experience, I strongly suggest you contact an attorney in FL that specializes in estates. Unless that attorney also practices in the state where you and your brother will be selling your homes, you may want to consult with an attorney in that ( or those ) states.

There is a medicare look-back that your attorney will explain to you and understanding its guidelines is extremely important! There are also other issues that you'll need to make sure are done timely.

Your situation sounds complex and for that reason, the only advice you should be following is that of an attorney who specializes in estates. In your case, it's about protecting your estate. Best of luck!

[Hancle704]

I would also suggest contacting Eldercare Attorney Mary Trotter. She does not charge for initial consultation. So it would cost nothing to hopefully, get your issues addressed. Her office is located outside of The Villages in Oakland Hills Office Park on Hwy 441/27

[Pturner]

Originally Posted by cay2015

Here's the situaion: I was planning to buy a home in the villages when my brother developed fronto tempral dementia. He is now living with me and we are in the process of selling his home. When that is finished, I will sell my home and we will move to the villages. He wants to buy half of the home while I buy the other half. I don't know what to do. I'm worried that if one of us has to go to a nursing home, will the other one lose the house. Does anyone have any ideas on what the laws are reguarding a brother and sister owning a house in Florida? Would it be better for me to be the sole owner of the house? Please Help!

Hi Cay2015,
Welcome to TOTV. My heart goes out to you and your brother. Please take the advice of others on this forum in seeking legal advice. TV has many medical resources, so I'm hopeful that you can find excellent medical care for your brother as well. And don't forget to take care of yourself. Keep us posted and let us know on TOTV what we can do to help.

All best wishes for you and your brother.
Pturner

[Ohiogirl]

Mary Trotter had just moved to the Wedgewood location this past spring - or perhaps she now has 2 locations? I'm sure you would check this anyway.

Originally Posted by Hancle704

I would also suggest contacting Eldercare Attorney Mary Trotter. She does not charge for initial consultation. So it would cost nothing to hopefully, get your issues addressed. Her office is located outside of The Villages in Oakland Hills Office Park on Hwy 441/27

Mary is Board-Certified in Elderlaw--that's why I chose her office for some recent work my mother & I needed. The office on Hwy 441/27 (352-205-7245) is the main office. I just called and the girl said the Wedgewood Lane office is only open several days a week and has a separate ph# so it is best to call the main ph#. Mary does, indeed, offer a free consultation; in your case a phone consultation. I would deal directly with Mary instead of her associate, Martin since your case is complicated. Martin helped us make out a Lady Bird deed whereby upon my mother's death her home directly passes to my sister and me. We can then sell the house and divvy up the proceeds. Since the bonds are in my mother's and my deceased father's names and we didn't want this only other asset to go through Probate, Martin advised us to go to treasurydirect.gov. There, I had to enter all the serial numbers on a form and send them to the Treasury Dept along with a certified copy of my father's death certificate to have the bonds re-issued in my mother's and my names. I am already on her checking/savings accts & the beneficiary to her IRA CD. It is good to live in Fla because as someone mentioned, they can not make you sell your house to pay for the nursing home; in your brother's case, you would need to file for Medicaid for him as Medicare does not cover long term nursing home care. Are there any other family members? I wish you luck in your journey to The Villages. Please PM me before and/or after you move as I have a lot of advice to offer having been a nurse in hospital, assisted living, nursing home, and insurance company settings and take care of my 84yo mother. Good luck!