My question involves estate proceedings in the state of: South Dakota
My Grandfather set up a Life Estate for his adopted son leaving me as the remainderman. My Grandfather passed away in the 90's and my uncle lived happily on the property until about two years ago when he was admitted to a nursing home per Dr. orders. My uncle will be 79 this year. His personal finances and all personal property have been liquidated to cover his care costs. He still has the Life Estate and the State of South Dakota is denying him Medical benefits because of it. The attorney for the nursing home is co-conspiring with another attorney to remove my uncle's P.O.A. (my father). It's been clear their plan is to sell stating SD-CL 21-45-1 . My attorney assures me this won't work for them but I'm still nervous about it none the less. My plan is to be the highest bidder at his Life Estate sale and end this. The State has specified an amount they would settle for but it is absolutely ridiculous. As I am not a rich person, no one in SD is, I sold my former home and moved into my uncles place to care for things about 6 months ago. My Grandfather told me about his will when I was about 12 years old and hadn't expected my uncle to live this long because of his disability.
Is there anyway to force the state to pay for his care? Is there anyway to get the nursing homes attorney to focus on the Dept of SS instead of hounding my family and trying to sell my uncles Life Estate? ( I know when he passes it should legally revert to me) What kind of an idiot would bid on a life estate possessed by a 79 year old man in a nursing home?
Thanks
My Grandfather set up a Life Estate for his adopted son leaving me as the remainderman. My Grandfather passed away in the 90's and my uncle lived happily on the property until about two years ago when he was admitted to a nursing home per Dr. orders. My uncle will be 79 this year. His personal finances and all personal property have been liquidated to cover his care costs. He still has the Life Estate and the State of South Dakota is denying him Medical benefits because of it. The attorney for the nursing home is co-conspiring with another attorney to remove my uncle's P.O.A. (my father). It's been clear their plan is to sell stating SD-CL 21-45-1 . My attorney assures me this won't work for them but I'm still nervous about it none the less. My plan is to be the highest bidder at his Life Estate sale and end this. The State has specified an amount they would settle for but it is absolutely ridiculous. As I am not a rich person, no one in SD is, I sold my former home and moved into my uncles place to care for things about 6 months ago. My Grandfather told me about his will when I was about 12 years old and hadn't expected my uncle to live this long because of his disability.
Is there anyway to force the state to pay for his care? Is there anyway to get the nursing homes attorney to focus on the Dept of SS instead of hounding my family and trying to sell my uncles Life Estate? ( I know when he passes it should legally revert to me) What kind of an idiot would bid on a life estate possessed by a 79 year old man in a nursing home?
Thanks
Estate Assets and Debts: Life Tenant Not Receiving Medicare in South Dakota but Not Grantor of Life Estate
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