Promise Acre: Our Journey

promiseacres

Herd Master
Joined
Oct 5, 2012
Messages
4,796
Reaction score
9,714
Points
563
Location
NW Indiana
My two cents......put it in YOUR name. If at some point your mom becomes incapacitated to where you cannot physically take care of her and she has to go in a nursing home, the state will attach her home. That means you are out of a place to live. Since your mom won't have the $6,000 a month to pay for her care, she would go on Medicaid. Medicare pays nothing beyond the first 30 days. The state is serious on recouping their costs and could take her home.

No one wants to go in a nursing home. But if she got Alzheimers, her mind could be gone while her body was still healthy and strong. That requires 24-7 care and ONE person cannot hold up to that level of care. Especially since it could last for years.

My advice-get with a GOOD lawyer, lay our your concerns and get it written up so that your home cannot be seized.

I think this could be a very good arrangement for both of you. You definitely need to cover all the bases so that you aren't hit with stupid high inheritance taxes, have to fight with siblings or duke it out with the state.
do you know if a partnership or trust is good enough as long as our names are on it? or not even have her name on it??? She would be paying 100% for the property with the proceeds of her current property. Then we'll have to get financing for building a home, shop, ect what ever upgrades we decide upon.
 

Baymule

Herd Master
Joined
Aug 22, 2010
Messages
35,753
Reaction score
110,600
Points
893
Location
East Texas
Those are questions best answered by an estate planning lawyer. Pony up the money, pay the fees and get the best advice and legal documents you can.

You know when you get financing for upgrades, you will in effect, be putting a mortgage back on the property. Be careful how you do that. If you are going to build a home for either you and your family or for your mom, place it on the land so that only an acre or less is at risk. You would hate to lose the whole place if for some reason you couldn't make the payment. Always think ahead, picture the worst scenario and plan accordingly. I'm not a doom and gloom person, I just know that reality happens and it's not always pleasant. If you are going to finance a barn, don't put the loan in with the house mortgage. You will be able to pay off a barn WAY before paying off the home loan.
 

promiseacres

Herd Master
Joined
Oct 5, 2012
Messages
4,796
Reaction score
9,714
Points
563
Location
NW Indiana
Those are questions best answered by an estate planning lawyer. Pony up the money, pay the fees and get the best advice and legal documents you can.

You know when you get financing for upgrades, you will in effect, be putting a mortgage back on the property. Be careful how you do that. If you are going to build a home for either you and your family or for your mom, place it on the land so that only an acre or less is at risk. You would hate to lose the whole place if for some reason you couldn't make the payment. Always think ahead, picture the worst scenario and plan accordingly. I'm not a doom and gloom person, I just know that reality happens and it's not always pleasant. If you are going to finance a barn, don't put the loan in with the house mortgage. You will be able to pay off a barn WAY before paying off the home loan.

thanks, I know right now Mom is wanting to put it on the smaller parcel (6 acres) BUT it doesn't have good access to the hwy and there's already water and separate electric in the "campground" on the other side of the larger parcel.... will figure out a lawyer too.
Mom's not a planner, my DH is a overplanner...I'm in the middle.... may be interesting. We are going to go get a plow DH from her current property this weekend, hoping to sit down and see if this is even a GOOD idea.
 

Bruce

Herd Master
Joined
Feb 4, 2016
Messages
17,451
Reaction score
45,860
Points
783
Location
NW Vermont
not sure she'd appreciate that.... LOL.. she wants a garden tub too and the majority of the $$ is coming from her... We'll be definitely including a lawyer... many things to consider
Well if she's putting up most of the money, I guess you can get a cot at the Army surplus store for her instead of just hay bales :D

As with many here, I'll be watching with interest how this plays out.
 

Latestarter

Novice; "Practicing" Animal Husbandry
Golden Herd Member
Joined
Dec 31, 2014
Messages
11,384
Reaction score
17,481
Points
623
Location
NE Texas
I don't think a partnership is the right vehicle for what you're trying to do. That would involve partial ownership issues and probate court when the inevitable happens. You really want to avoid probate at all costs... because it REALLY costs! :oops: Pretty sure a revocable trust is the way to go. Trusts walk right past probate. Your really DO need to set up an appointment with an estate planning lawyer (with tax background).
 

Bruce

Herd Master
Joined
Feb 4, 2016
Messages
17,451
Reaction score
45,860
Points
783
Location
NW Vermont
Why? You should have preliminary discussions with the lawyer so s/he knows what you are planning and can advise you in that direction. You don't want to be in a 747 on a short runway. If you wait until there is an offer on the house, Mom will be living in your spare room. Unlikely anyone would make an offer that includes Mom having months and months of time to figure out what she is going to do.
 

Latestarter

Novice; "Practicing" Animal Husbandry
Golden Herd Member
Joined
Dec 31, 2014
Messages
11,384
Reaction score
17,481
Points
623
Location
NE Texas
Agreed... don't wait! Some trusts take time to set up and get established. There might also be tax consequences from the sale. It should be done, so don't wait and miss out on potential savings opportunities. Generally a lawyer will "gift" the 1st 1/2 hour of his/her time to try and determine if they should take you as a client, and give you time to determine if they are the right attorney for you. You should talk with several before deciding which one to use.
 

promiseacres

Herd Master
Joined
Oct 5, 2012
Messages
4,796
Reaction score
9,714
Points
563
Location
NW Indiana
Sitting down with her this weekend so if we can come to some verbal agreements on how to go about this then we'll involve a lawyer. She may say no to putting things in our name...:hu it's only been in the last couple of years that we have really had a good relationship. My teen years were tough due to a step father and well just being a teen. But water under the bridge. We still have our love of horses and she definitely loves my kiddos. The property we like is zone recreational so also trying to figure out if a 2nd home/apt is even possible. Our agent is coming Tuesday to give her opinion on our property, ect. Lots of prayers are much needed!
 
Top