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Question

my parents own a house and land. My Mom has been in a nursing home for 7 years and is recieving benifits under title 19 is there any thing that can be done to protect these assests. My dad is still living at the house.

Submitted: 350 days and 19 hours ago.
Category: Legal
Value: $15
Status: CLOSED
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Pine River, Wisconsin

Accepted Answer

Hi and welcome,

 

I assume that your parents' names are both on the deeds and therefore there is right of survivorship. You cannot do anything at this time affirmatively to protect the house and land. IF such assets are owned by the Medicaid recipient, as a rule, Medicaid can place a lien on them for the amounts it paid/is paying for nursing care.

 

However, in your case, events may prevent this. If mom dies first, dad will become the sole owner due to the survivorship and Medicaid cannot go after the property. If dad dies first, your mom is sole owner and the lien process will apply.

 

Rich

Expert: rvlaw
Pos. Feedback: 99.3 %
Accepts: 
Answered: 12/5/2008

Lawyer (JD)

NYC Trial Atty. 30 yrs.- pers. inj., contracts, real estate, criminal, estates, matrimonial.

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