My mother's home is in her and my name with a quit claim deed. We did this 7 years ago, after my father died, for inheritance purposes. We did the same with my house. If her current husband of 4 years, who is handicapped, has to go live in a nursing home and they attach assets to pay for it, can they take her house because they are married, even if his name isn't on the property? And what about my house with her name on it?
If we make legal changes because of this, is there a way they can go back 6 months before it is affective?
Answer
They may be able to take her assets to pay for her husband's medical debts. You might consider transferring the house to you and giving her a life estate so she can live in it for life. Also, if she died before her husband, her share of the house might go to her husband (depending on how the house is titled - tenants in common or joint tenancy), which you may or may not be the disposition you want to happen for estate planning purposes. Both of them should have wills and powers of attorney if they do not in case of incapacity. We can discuss if you want to give me a call for a free consult.
Answer
Your mother's assets will include anything that she may own with you. Her assets are looked at for the medicaid eligibility of her husband.
She should immediately contact an attorney who specializes in this type of planning to determine her options for protecting her assets. Be sure to only deal with someone who is a medicaid specialist.
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