As I've posted here, my 94 year old dad is currently in skilled nursing but will be moving soon to memory care. He still owns a house and 2 cars and I, as guardian and conservator, am responsible for keeping the house maintained, paying utilities, property taxes, yard maintenance and insurance. He has not lived there for 1-1/2 years. There are rats living in the back shed (I think my husband is on a mission to get rid of them. He has baited 3 times and they keep coming back). I was there this weekend and the back fence between his house and 2 neighbors has blown down so that's another thing to deal with. I have to have approval from the court to sell the house and he will receive a copy of the paperwork. The guardianship attorney has urged me to do this as the house is becoming a money pit. How do I tell him? He is going to come unhinged and he will insist on seeing it again but it is not wheelchair accessible. I'm not really sure how to approach this.
So don’t tell him and don’t show him any paperwork, if you can intercept it.
Mom's stuff was still in the place (took me about 1 3/4 years to get it clear, clean and repaired before we could sell it), and I was there several times/week for all that time, but I was told if no one is living there (unoccupied), we needed different insurance.
Vacant is when the house is empty with no one living there. BUT, unoccupied can also be uninsured, without you being aware. An agent (esp those who just answer the phones) may not be aware of all the rules. The underwriters of the policy make the rules, and it is likely a different company. Mom's condo was attached to another unit AND close to others. not really a concern for break ins, but unoccupied means no one is living there. It has nothing to do with "stuff" being there. My parents actually had a place in FL as well, so one or the other place was "unoccupied" for about 1/2 the year. 6 months is a lot different that 1 1/2 years, with more to go!
I would recommend having a more in-depth discussion with the agent. Don't know where you are located, but one good storm could result in some serious damage (look at TX!) You don't need to find out after the fact that the policy won't cover anything.
Although you say the attorney is required to send a copy of the letter to where he lives, can you ask the facility to hold his mail? Since he is moving to MC next week, which place would get the letter? Would both be amenable to holding his mail for you? When my mother first moved to MC, the facility ordered medication (NOT NEEDED, she was delivered with a 3+ month supply!) through their usual place. I had requested before signing paperwork for the move that I be the one to get her medications, as she had a GREAT medical plan and it was MUCH less expensive. Long story to say the place sent the bill to mom (they didn't have my info) and mom went ballistic over it! From that point on, unless something was obviously a card or personal mail, they held ALL her mail and gave it to me. I did NOT ask them to do this, but they knew it was best not to go there!
So, the SS letter regarding my application for Rep Payee never went to her. They send these so the person has an opportunity to refuse it. By this point mom probably wouldn't even understand what it was! In your case, the attorney would fulfill his obligation! Nothing says dad has to get it (unless they send it needing some kind of signature - that would be stupid, given no one is allowed into facilities and he's living in one!)
For the first 9 months in MC, mom hounded YB any time he visited about going back to the condo. Magically, about that time, she forgot about the condo. I had no warning! First she asks if I can drop her off at her mother's on my way home. Ummm, say what? Her mother had been gone for about 40 years at that point! I managed to fluff my way past that for her to then ask if I had a key to their previous house. That had been sold at least 25 years prior to the discussion!
Clearly she had "stepped back" in time, which often happens with vascular dementia. Fluffed my way around that too! She didn't ask these questions again. Periodically she would ask about her mother, ponder what she might be doing for this holiday or that, often asked staff to call her mother (tagging that previous house to her mother too), but that was it.
So, when I finally had the place clear, clean and fixed, ready for sale, the EC attorney told me I could sign all other documents, including online, as POA, EXCEPT for the deed. It may be that her signature was required because it was a Life Estate, and it needed to be notarized. I was worried about this, as I didn't want to "jog her memory" of the condo. Turns out the notary only needed to witness her sign it, she didn't need to confirm mom knew what she was signing! Seems rather stupid when you think about that, but it served my need at the time. I passed it off as insurance paperwork, or something. She didn't really look at it or ask any questions.
Anyway, basically she was never told the condo was sold. There was no point - she might recall the place and get angry, but she wouldn't remember it later anyway. No harm, no foul.
If there's any way to avoid the discussion, esp if you can snag the mail, I wouldn't bring it up. Sure, honesty and being up front is a nice thing, but when dealing with dementia, there are better ways to be "nice" to our LOs!
The only car I ever donated was damaged, undrivable, but at that time we could estimate the value. I took a reasonable Blue Book value and subtracted a good amount for the damages. They've since changed the rules, so it would be best to have an appraisal, if you want to try for a tax deduction (if they even allow those anymore!)
Selling the home:
Be sure to have copies and receipts for any work done. Repairs. Paint. Tools. Traps. Materials. These can help offset the cap gains.
"If you owned and lived in the place for two of the five years before the sale, then up to $250,000 of profit is tax-free." (Source: Turbotax)
IF the value/net from sale might more than that, there are ways to reduce gains. There's the original price paid. There can be other dates/values deducted if there are certain life changes (dad's death resulted in one.) You should be able to get the "assessed" values from the town for those years. These all add up to reduce the "gains." We could have eliminated all gains if we'd held onto it until she passed, but WHO needs that aggravation? As it was, the condo fees, RE taxes alone were sucking down about 14k/year, the heating system died and then all the glass was losing seals, so more $$$ out the window, literally and figuratively!!!
IF there were any substantial improvements and IF he/you have receipts, those might help as well (mom had hardwood laid to replace carpet - I was able to get that receipt, but couldn't do anything about the tile for kitchen and baths, plus the countertop. No clue who did the work or what it cost.)
One caveat: Whatever proceeds do come from the sale of the house could impact Medicare. They have a 2 year look back. Because mom's condo was a Life Estate, she only got a small portion from the sale (based on IRS rules), but it was enough to push her over the limit:
"If your MAGI for 2019 was less than or equal to the “higher-income” threshold — $88,000 for an individual taxpayer, $176,000 for a married couple filing jointly — you pay the “standard” Medicare Part B rate for 2021, which is $148.50 a month. At higher incomes, premiums rise, to a maximum of $504.90 a month if your MAGI exceeded $500,000 for an individual, $750,000 for a couple."
THIS was a surprise to me when it happened - it was 2 years after the sale, and only impacted that one year (confirmed when the 2021 rates were set, but sadly mom never got the reduced amount as she passed in December. Also note, even though SS is paid a month behind, they do NOT pay for the month of death, bastards! Equivalent to working a job that pays monthly, work any part of the month, but get denied the pay! You still have expenses too.)
Hopefully you have a competent tax person who can handle all this. If not, I highly recommend Enrolled Agents. They have to pass IRS test and stay up to date to maintain this status. I used one to do the trust taxes and then mom's as well, when we had to feed some of those funds into her care. Once she moved into MC (condo wasn't sold until 2 years later) she was no-tax status, as MC is fully deductible. This guy was very good and gave me all the pointers about the condo values, etc. Even though the bulk of the net went to us 3, we put it all back into the trust for her care, taking only what was needed to cover the cap gains we were assessed, which was a LOT less than if we hadn't had all these pointers!! He even estimated our cap gains, very close without doing our taxes! Cost was no more than going to the blockheads, who messed up mom's return BIG time years ago!
2. There is NO point in keeping his house. It serves no one. You know that already. Plus it's just one more house you have to deal with.
3. There are many cleaners who can spiff up the house. Often real estate agents have their go-tos in that area. There are many house estate people who will do a 'garage' sale for you.
4. Just get rid of it. Don't fuss on the selling price --or the rats in the shed-- take whatever money you receive ---and walk away.
5. Now, about your father. Why does he need to add one more burden to his life? He's already shown signs of memory issues; the facility already knows this. Let the dear man live and die thinking about his house --and the many memories.
6. Taking your father for a drive-by is not good either. Find reasons why he can't visit---if he even wants to.
7. There is a reason that you are his guardian: to guard him in this difficult times and make good decisions on his behalf. You know what to do.
What he makes of that documentation is open to question: it's not impossible that he won't make head or tail of it and will never get round to asking about it; but if he does, the answers should be truthful. It will help that the specifics will be down on paper, because that will make it easier to keep to the factual points rather than the emotional background. This is what is going to happen, these are the arrangements, these are the justifications, this is what will be done with the proceeds. The imponderables and impracticalities won't get a look-in on the application. Stick to it like glue and it should be possible to keep a tight grip on the conversation - and not get dragged off into "you promised me" "that's my life" territory.
And even if Dad is still fully in possession of the facts and perfectly well able to understand the meaning of the documents, and therefore he does throw a wobbly, well. He hasn't lost his right to have an opinion about his life and his possessions. But that storm too will pass, and while it's passing the house will be sold.