🚨 [MI] Seeking Advice: Protecting My Grandparents’ Home from My Aunt 🚨
Hey everyone, I could really use some guidance on a sticky situation I’m facing in Berrien County, Michigan. For the past 5 years, I’ve been helping my adoptive grandparents by paying their mortgage, managing their budget, and taking care of their needs beyond what their normal budget allows. They want to leave their home to me in their will because of the support I’ve provided. However, my absentee Aunt is now trying to throw them in a nursing home and sell the house for her own gain. 😡
Here’s the scoop:
– Aunt has a shady history of money troubles and theft.
– She recently made a move to claim the house in exchange for “help” with bedbug removal, only to steal valuable possessions.
– I fear for my grandparents’ future and the $100k+ I’ve invested in their care over the years. 💸
Now, I’m considering buying the house for $55k + closing costs to protect it. But with our low credit scores, I’m unsure how to proceed. I want to ensure my grandparents’ wishes are honored and safeguard their home from my scheming Aunt. 🏡
Questions I have:
1. Is buying a house with bad credit feasible?
2. How can I safeguard the house and my investment?
3. What steps can I take to protect my grandparents’ best interests?
Any advice, tips, or insights on navigating this complex situation would be greatly appreciated. Your expertise could make a world of difference for my family. Let’s brainstorm solutions together! 💭🤝
#Michigan #ElderlyCare #FamilyDynamics #FinancialPlanning #HomeOwnership #ProtectingLovedOnes
> we are going to try to apply for medicaid
They need an estate planning attorney asap. Medicaid has a five-year lookback period. Taking the aunt out of the picture entirely, that’s still an issue that needs to be resolved, if it’s possible. You feel like you let then down—the way forward is to get them in front of an estate planning attorney.
>I am wondering if we could buy the house for $55k + closing costs.
Do you *have* $55k in cash *on hand*?
There is no choice but to hire an attorney for you grandparents. No choice. Medicaid has a 5 year look back period, so you aunt won’t/can’t get anything until this is settled. Your grandparents asses must be used to pay for their are before anything else–even you. There is no other answer. It’s not 4k for a consultation. It’s 4k for an extensive plan. Start with a consultation. Also, Medicaid won’t pay for assisted living level care, only skilled nursing. Talk with an attorney.
Why do you think your Aunt can take their house? She doesn’t live in the state, doesn’t have POA, and isn’t in the will.
And how can you both have purchased a house for cash in 2019 and never have bought a house before?
Okay, just curious here, but did you report their thievery to the police? Family or not, stealing IS illegal.
Report the theft to the police. See if your grandparents can have your name added to the deed.
Could you take a “personal loan” with your grandparents? Buy the house from them with the money they lend to you and keep doing what you are doing but now it is not providing them, it would be paying of the loan. I don’t know if this would work where you are, it would work in my country.
INFO: have your grandparents considered selling their house now and moving into a senior’s apartment complex? Because it sounds like you are just throwing your hard-earned money at their problems with no real guarantee you will ever be reimbursed.
They could sell their house, pay you back, downsize to a more affordable living space and get rid of their daughter all in one fell swoop.
If you need a good estate attorney in MI, I can recommend one. She did work for me and specializes in working with the elderly.
Can you do a quit claim deed?
You should also get a health care power of attorney, if you don’t already have one. (POA is for financial matters only, which you may already know.)
For bank accounts/CD, etc, setting them up as payable on death takes it out of probable. Transfer on death deed should do the same for real estate. (You need to record the deed with the county recorder’s office.). They are outside of the will and bypass the probate process, making it much more difficult for the vile aunt to challenge, if she can challenge at all.
Insurance designations are also outside of probate and the insurance company will do exactly as beneficiary is listed, so best to button up any of that, as well.
If they want her to get nothing, their wills should specifically state that.
Your grandparents are lucky to have you! Best to the four of you!
NAL Given te money involved it sounds like you need to see an attorney, but I’ll spitball a little because I didn’t see it mentioned.
Could you have you grandparents sign a loan from you for the money you have paid/ are paying and have it payable from their estate should they pass? This would at least secure your «investment» (?)and leave as little as possible to your aunt?
I would think it would be reasonable that the payments made are not gifts, but a cheap loan payable through their estate.
Again not a lawyer.
In Michigan they can use a ladybird deed to keep the house out of probate and have it pass directly to you. If you don’t have an attorney, I can give you the name of one in Niles that just did one for my mother.
The Michigan bar has a [referral service](https://lrs.michbar.org/) that will get you a consultation with an estate attorney for $25 for 25 minutes. If you like them you can retain their services or try again.
Have them put the property into an irrevocable trust where you will inherit it upon their demise
NAL.
Have your grandparents ask an estate attorney if a [ladybird deed](https://www.michbar.org/file/barjournal/article/documents/pdf4article2878.pdf) would be appropriate to the situation.
The daughter can try and contest the will all she wants. Her history will prevent her from breaking the will. If you have kept records of all your payments, then you have proof. Hopefully she will stay away.
Have you considered having them add one or both of you to the deed as joint tenants? Contact a real estate attorney. They might even be able to draft a “rent to own” type contract, taking into account the amount you have already paid, and the amount left to pay.
Not sure what state the property is in but most states allow a Transfer of Death for real property to a designated beneficiary. The original owners remain on the deed and the beneficiary is recorded as the one to receive the property when the owners pass. No need to purchase the property now. An estate attorney will know the process.