My brother lives in Arizona and has to go into a group home with an Arizona health plan to pay for it. He has to sell his house, but does he have to sell his mineral rights in North Dakota?
If it was me, I would have your brother transfer his mineral rights to you. You can hold them for him, but in your name. If Arizona is like California, He will have to liquidate all his assets. KEEP THE MINERAL RIGHTS in the family. Once gone, they won’t come back. They are tangible property until the earth explodes.
It would be advisable to contact an elder care attorney who is knowledgeable about that kind of issue and the laws in Arizona. (not one affiliated with the institution-a third party). Too much can go wrong by winging it without good legal advice. In some states, transfers within a certain timeframe might still be held accountable. The value of the mineral rights and whether they are producing or not will likely be important.
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Martha is correct. If benefits are from Medicaid or the VA it can be extremely costly to “self help”. There are often many ways to save assets from loss. Search for an Elder Law / Medicaid attorney in Arizona. While this may seem expensive, the cost benefit analysis often proves worthwhile.
I’ll add one more vote for seeking expert advice before you sell a house or take steps to preserve other assets. If your situation involves Medicaid (or AHCCCS, in Arizona) it is difficult to overstate the number of pitfalls, exceptions, special rules, etc that can affect your plans. Lastly, many such programs are state-specific implementations of federal programs. If your brother is a resident of Arizona please think carefully before relying any advice that is not Arizona-specific.
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