What to do with grandma's car?
Well, after a lot of broken promises I can no longer hold on to grandma's car. The problem is she doesn't want to sell her car at all thinking she's going back home and she is able to drive. She can not move without a walker let alone it is a manual stick shift so trying let her drive is too dangerous. The other problem is her mental state. I got two different things. She's able to make decisions but she has dementia. She is willing to give me the car since she's not in a nursing home, but my neighbor next door keeps telling me not to sell it or have her give me the car because of the legal issue. But she isn't in a nursing home. My other neighbor who has their motorcycles in the garage won't remove them which now I have no real legal stand because the agreement was between them and my grandma and they overrode what I agreed to. I feel like the neighbors who have their property in the garage are pushing me to sell it and not let me get it transferred in my name so I can either sell or pace it in the garage where it belongs. So that is why I'm wondering what can I do legally? Would it be better to have my grandma transfer the car to me and then I can sell it?
If the real possibility exists that grannie - who still owns a home and a car - will need Medicaid in the near future, then the motorcycles will be the least of your problems. You really should sit with her and go over her finances and take a hard look at what it costs her to pay for everything she owns as well as the personal care home. If she has dementia or other significant health issues, then the liklihood is that she will eventually need a higher level of care, like a NH. Which is very, very expensive (5K - 12K). Really if they live long enough, unless they are generationally wealthy, they will run out of $ and then apply for Medicaid. If she applies for Medicaid, her home & car are exempt assets BUT upon her death are subject to a claim or lein by the state Medicaid program. If she gifts or sell the car or home to you for below fair market value in the 5 years before Medicaid, then she will get a transfer penalty from Medicaid. It's a lot to think about but you all kinda need to start to think about the "what if's" for her future and her funds. You can't get around the state finding out on ownership of houses, land & cars as it is all in the state'd database and will show up.
As for neighbors, kindly ask them about the "agreement" to keep their property in her garage, hopefully it's in writing. If not state you want to draw up a written legal agreement outlining terms (how many motorcycles or whatever they can keep in there, sq footage or whatever, value of the property) and have it be an annual agreement with a start and end date. They may not be happy, but I see some vulnerability here for you if you don't. Is the garage connected to the house? If grandma lives alone this makes her vulnerable to them having access to her property whenever they want. Secondly what if there was a fire, accident, damage to their property while under grandmas roof? Are they going to hold you liable?
If nothing in writing exists, regardless of what you do with the car, I would give them a written 30 or 60 day notice to remove their property and then stick with it. If they give you a hard time, tell them you will be forced to sell it if they don't claim it.
@sunflo2 Yeah I think I will talk to them about making a written plan. I think it would be better to gift it for a 1.00 since she isn't in a nursing home and she wants to do it that way instead of selling it.
Really if they live long enough and get dementia in addition to other diseases, a NH is in the future because their level of care increases and it gets to be too much for most caregivers to provide 24/7. It sounds like you all like the personal care home - maybe take the time to speak to them to see what in their experience will be the situation with grannie. Do they think another year or a few years that they can do for her? if she's 78 that quite a bit different than if she's 87....understand?
If your situation is that you live in grannies house & need to live in grannies house, (to have a roof over your head), OR want to keep grannies house, then you really should think about what could happen with problems with the property ownership in the future; how you or others are going to pay for items for grannies house (like taxes, insurance, etc); if she gifts the car or house to you or sells it to you for less than fair market value and she goes on Medicaid, there will be transfer penalty issues to deal with (and they are not easy & simple to work through); OR if she keeps the car & house in her name & goes on Medicaid, then someone will have to deal with Medicaid placing a claim or lein on the house through the state MERP program after she passes. Planning ahead is important to be able to have the least complications and most flexibility in your favor. Good luck.