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I have POA for my younger brother (68) who is an alcoholic and has schizo-affective disorder. He is on Social Security. He used to work. His house burned down and I've got him living in the senior community that my mom and I live in. I have been handling most of the rebuilding details and helping him get his ID he lost. He doesn't have a Will. I told him that I have a Will and he is in it and that if he could at least put my name on the deed of his house, I would not have to jump through the hoops I had to jump through when my big brother died (of Covid) and had no Will. It was time consuming and a nightmare. He agreed to that. We have an appointment to talk to someone who does this next Tuesday. The taxes are cheap enough that I could pay them if he forgets to. I think it could also protect me if Social Security wants repayment. I would own half. Any insights are very much appreciated. This is a great community. Thank you.

If you are concerned about the property taxes getting paid, what about the liability insurance?

No insurance, and a co-owner with limited income and assets would make the other co-owner the best target for any future lawsuit.

Help him to get a will or trust or, if your state allows it, a transfer on death deed. Putting your name on the deed now cuts out any other heirs, currently likely to be his Mom if there is no will, is that what he wants?

Get the POAs done at the same time.

There are many sources for simple, unlikely to be contested, wills. Try your local library. https://www.freewill.com/friendssfpl
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This varies by state and county, therefore you should talk to your county's property tax office, or a CPA/tax planner or estate planner for your area.

When you say, "...protect me if Social Security wants repayment." I think you mean a Medicaid recovery. Again, this can vary and you need to discuss with an actual professional, like an elder law attorney, estate planner or Medicaid Planner for you home state.

Where I live if you don't pay your property taxes it goes into foreclosure pretty quickly (which is what happened to my in-laws here in MN), so you need to know facts for your area.

What would happen if everyone passed away first and only your brother was left to fend for himself? Who would have legal authority to help manage his affairs and make decisions in his best interests? This is a critical question to work answer before he is no longer legally able to create PoAs, Wills, Advance Healthcare Directive, Pre-Need Guardianship, etc.
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TakeFoxAway Sep 6, 2024
That is a good question - what happens to him if I should die first. My cousin said she would continue to make sure he's ok. I mean right now he's competent. He pays his other bills and takes cabs to go shopping. I just worry if he becomes less competent because of his drinking.
I will be making sure his property taxes are paid while we're both alive. I think I better ask a lawyer. Thank you! Omigosh.

I don't know if he has Medicaid or not. My older brother had it. I guess I assumed Social Security would also want to be "repaid".
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Without the advice of a good elder law attorney I would not move forward with any idea of placing this home in your name. It comes down to looking like abuse of someone who is no longer competent in his own decisions. It may also prevent Medicaid recovery, and look as though you are perpetrating a fraud.

Answer short and sweet? Do not do this without advice of an attorney.
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If your brother gets any help from the State, especially Medicaid, he should not be a beneficiary to your Will. Him receiving an inheritance could mean him not receiving any help until he spends the money. If you want him to have something, set up a Special Needs Trust.

I think you need to talk to an Elder Lawyer. There is too much going on here for a forum like this to help you. Medicaid is probably in your brothers future. What you do now can effect him being able to get Medicaid later.
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TakeFoxAway Sep 6, 2024
It's not that type of Social Security. Since he worked he would be in no danger of losing it with an inheritance. But I do see I need to talk to a lawyer.
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Why are you rebuilding the house if he is already in a senior community? Just take the insurance proceeds and use it to pay his monthly rent.
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JoAnn29 Sep 6, 2024
You still pay taxes on theproperty.
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There is only two types if SS, reg you get when u retire and disability. I am not talking about SS, an inheritance does not effect that. I am talking about if he gets Medicaid for health, food stamps, Supplimental income etc. If you are receiving any of this and you inherit money, the benefits stop until the inheritance is used up then u reapply.

I think it would be good to talk to an Elder Lawyer. They are versed in Medicaid and probably Social Security.
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