I (25/F) have been in possession of my grandmothers (79/F) car since I was 17. The car is paid off, and is in her name. She gave it to me when I was 17, and then when I turned 19-20 I moved the insurance into my name and drove it for several years. I do not have access to the title. About 2 years ago, I went to a job where I rode with my sibling who also worked there to work everyday and the car didn’t get driven for those 2 years. I since have gotten a new vehicle that’s newer after my husband got a new car, and we stopped paying for the registration and insurance on my grandmothers car.
Fast forward to this last August, and my grandmothers doctor finally ruled that due to her health she needed 24/7 care. She lives over 35 minutes from me. None of our family was able to take on that responsibility due to space and finances, so she went to a rehab nursing home. During that process, her landlord/neighbor who helped her day to day offered to take on the guardianship role during her transfer to the nursing facility. I’ve asked several times what needed to be done with my grandmothers vehicle, as this is her only technical asset, and I have not heard anything about what to do. The neighbor keeps saying to return the car to her property, but the car is now unable to be driven. She messaged me yesterday and said “I need you to bring the car home I'm still dealing with ssi and SS I was told she just can't sign it over to you. I have to send all the ssi money back that she got for the last 5 months.”
This seems unusual to me because I was told that because my grandmother is on medicaid, her assets cannot be sold as it could disqualify her from medicaid. I am uneducated on this topic and due to other circumstances and past theft issues in the past from the neighbor, I have reason to believe she could be trying to just sell the car because she spent my grandmothers money. However, I’m unsure of that and I really could use some insight to this topic. My mom and aunt and uncle refuse to have anything to do with my grandmother, and I’m unsure of what to do.
For reference, I am located in KY.
Thank you.
If your grandmother is on SSI (not SSD which is social security when a senior retires from working) or she is low-income enough, she is on Medicaid. It is Medicaid who has been paying for her in the nursing home since last August. Her checks are OWED to the nursing home. Any accumulated money in her bank account must be paid to the nursing home. This is called a Medicaid Spend-Down. If it is not paid, then there will be a Medicaid penalty period where they will not pay the nursing home until the full amount paid out (by SSI) is recovered and paid to the nursing home.
Medicaid does not care about an old car that doesn't run. I'm assuming she doesn't have any real estate because you mention a landlord, so she has no assets to speak of other than what's in her bank account.
If the nursing home is making a fuss about an old car than doesn't even run, they can speak to her guardian/former landlord who has her legal authority to make her decisions. It has nothing to do with you or your family. If the guardian has been spending her SSI checks since August, she's going to be in a world of trouble. That's got nothing to do with you. If the guardian wants to come and get the old car still in your grandmother's name that doesn't run, they can make arrangements to do so. You are not responsible for that or for any of it.
Your other option would be to buy the car for Fair Market Value, the money goes to your grandmother or her Guardian.
You can file with the Sec. Of State for a Lost Title. If grandma is cognizant she can do this if she does not know where the title is. If she is not cognizant then her POA or Guardian can do this. (I hope the neighbor/caregiver is legal POA or Legal Guardian)
At that point you can sell the car, as is or get it repaired and sell it.
Paying back 5 months of SS and SSI sounds weird to me too. If she went to a LTC facility and had no money, her SS would go towards her care. What did the landlord do with her SS that it has to be paid back?
I would consult with a lawyer on what you should do. I don't really see what it matters where the car is. Medicaid may not be worried about a car that is old and undriveable and not worth anything. Not worth enough money for GMs care anyway.
If you wish to be completely upfront about all of this then I would find out who the executor of estate is firstly (wills are filed or an administrator appointed to one who dies intestate will be appointed) so all this can be worked out, and it should be legally done. The administrator or executor has to file probate which is a public document.
You can also await LEGAL NOTIFICATION of when and where to deliver the car and work from there.
We are essentially talking a piece of junk no one wants here. So I wouldn't worry it and I would not give it to anyone without proof they are administrator or executor. Medicaid may be making claims on this car. It may have been listed in applications and filings.
Do know you can run this by your DMV office as well to see what they recommend. But you aren't in any trouble. This car, if an asset and if for sale can be sold off your front lawn by the admin if there is one. They will have the title, I am certain, as they went through grandmother's things. Perhaps they mistakenly believe it's worth something.
The OP just tells them the location of the car and gives them the keys. No need to pay for towing of giving up any extra information since that is TMI. It's the guardian's headache now.
FYI your Grandma never gave you the car, she loaned it to you. If she gifted it to you she would have signed over the title. Therefore you were never the legal owner of that car, just to be clear.
It's not up to the OP to get the car over to the grandmother's guardian. It's the guardian's responsibility to make that happen if it needs to.
Is it actually worth very much?
A junk yard will probably give her $300 for it.
If you're worried about the guardian or the Medicaid rules, it would be best to talk to a lawyer in Kentucky who handles elder law or legal aid to protect your grandmother.