ConcernedSon
Junior Member
I live in New York. I have two sisters. My mom is in a home in Florida. She has alzheimers (or another form of dementia) and is essentially in a semi-coma. She does not recognize or acknowledge anyone's presence. My older sister is her legal guardian. She lives in Florida as well. My mom owns a piece of real estate in New York that has considerable value. My father is currently paying the monthly costs of my mom's care (plus a portion is being paid by medicare, I believe). My father is living in my mom's house with a female companion since 1991, the year my mom was placed in the home. He has advised that he has made an equal provision in his will for his companion (4 way split). If my mom dies first I understand he will inherit 1/2 the house and the children will split the other half. If he then dies his companion gets 1/4 of his 1/2 of the house and we get the balance...I was advised that if the companion gets even the 1/8 share she can continue to live in the house and we can't sell it without her permission. I told my dad that this would be wrong because the house ought not go to the companion (he has taken care of her expenses and she will inherit plenty) but that if we do nothing we will effectively lose the house. We want to transfer the house to myself and my sisters. My dad said he would sign a document that repudiates his inheritance of the property (he's WAY over the estate tax exemption already). Question...can the guardian transfer the property? There is a guardian order out of a Florida court. Will the government want the proceeds of the house if the house is sold? My guess is his companion will do what she can to get as much assets as possible...she was the person who worked for the home that my mom was first placed in...and took advantage of my dad when all she knew about him was his financial situation... We need some direction. Thank you.