1) Check what the requirements are for probate in the state. If the estate is worth less than a certain amount, it might not need to go through probate.
2) If the real estate agent thought the house would be worth over $100,000, why would it be condemned? What would be the value of getting the house condemned at this point?
3) In some states, the title to the car can have a beneficiary put onto the title, which could avoid probate.
4) Talk with your niece and nephew about how to get your expenses reimbursed.
5) If the SS check goes into a financial account, the account can be set up with beneficiary designations that would bypass probate. Your sister might have already designated the beneficiaries. If so, there’s no need for the Social Security to go into a trust. However, the money might still be clawbacked to pay for Medicaid.
6) Remember to document all of your expenses well. Social Security might not clawback well-documented expenses reasonably made on your sister’s behalf.
7) Setting up a trust at this late point will not protect any assets, including the car, from the Medicaid clawback. All gifts or transfers made within a few years of applying for Medicaid can be clawbacked if there isn’t enough available to reimburse the Medicaid system.
