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Family home now LLC owned. Please help

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FlyingRon

Senior Member
You have a mess, get the situation to a lawyer. Medicaid might still clawback the asset. By the way, you've got a massive capital gain if you sell the place. A lot of your statements make zero sense. Starting with "we used an LLC rather than a corporation because..."
 


chrish3985

Junior Member
It was fraudulent because a POA cannot use the POA to do something that benefits himself/herself. You benefitted yourself using your mother's POA. What's more, you fraudulently hid the home from the government who I assume provided some of your mother's care, and you may have hid the home from her creditors as well.

Now, you are trying to find a way to take away your sister's membership in the LLC, which of course you cannot do without compensating her. All in all you have made a big mess here. Do not make it worse.

My attorney is aware of this. It is all above board. The state of Georgia knows and approved of this. I did not “cheat” Medicaid. It may surprise you to know there are people who help navigate the complicated world of having a loved one added to the Medicaid roles. As I understand it, an exception was made on that property because (1) It was the family home. (2) My brother was a “primary care giver”, and (3) He lived there. So the house could pass to him. Then he transferred to the LLC, listing the 3 siblings as partners.
I cost $5k a month to have mom in a nursing home. Her money lasted a little over a year. But to see this end coming, and do nothing would have been irresponsible. So I hired an expert. All 3 siblings agreed this was the thing to do. He was not a licensed attorney, but was working with one. (I also talked to an attorney who would have done the same task, but would have charged more than the estate value). It may be of interest to you that another property was to be forfeited. I assumed it to be lost. But in the end it was of such a low value, the state didn’t want it. I am not trying to cheat anyone!
 

chrish3985

Junior Member
It was fraudulent because a POA cannot use the POA to do something that benefits himself/herself. You benefitted yourself using your mother's POA. What's more, you fraudulently hid the home from the government who I assume provided some of your mother's care, and you may have hid the home from her creditors as well.

Now, you are trying to find a way to take away your sister's membership in the LLC, which of course you cannot do without compensating her. All in all you have made a big mess here. Do not make it worse.

Contrary! I do wish to satisfy all parties. Perhaps the sister needs to be removed so things can go forward without the endless threats, demands, and meddling from my sister. She seems to find fault with everything I do, no matter how hard I attempt to be fair. She wants to be in control. That is her nature. She is angry she was not appointed executor. The dynamics of any 3 people trying to do anything is problematic.
 

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