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Irwin Law
Irwin Law, Attorney
Category: Estate Law
Satisfied Customers: 7310
Experience:  30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters
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Tennessee. My mom was in the nursing home when she passed

Customer Question

Tennessee. My mom was in the nursing home when she passed away with medicare and medicaid. She was there from 1996 to 2003. On the property deed purchased in1969 it has my dad (1921 to 1974),my mom (1925 to 2003), my brother (1947 to 2015) and the heirs of. The deed wasn't changed after my dad or my mom passed away. When my brother passed and there wasn't a living persons name on the deed, as an heir to my mother and brother and no wills I started a Probate for each and now medicaid wants the property for the time my mom was in the nursing home. Since my mom died prior to my brother and his name was on the deed as an owner can they take it in recovery. Medicaid had not contacted me or my brother after my mom passed away in 2003 until I open the probate. I'm not sure at this point if my lawyer should have even put my mom's property into probate considering how the deed reads. I think now my mom's house should have been part of my brothers estate. What should I do and can I stop the probate or change it at this point?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Irwin Law replied 1 year ago.

THe answer to your question depends upon how the title was held by all three. In Tennessee there are three basic forms of concurrent ownership: 1) tenancy in common, 2) joint tenancy with rights of survivorship, and 3) tenancy by the entirety. The language of the deed determines what form it is. That is, the deed with all three names would say: "as tenants in common" , or "as joint tenants with rights of survivorship". In the case of TinC, only 1/2 of the property would be subject to claims against either owner's estate. With JTWROS, the entire property would have passed to your brother in 2003 and would now be part of his estate. It would not have been subject to creditor's claims against your mother. Hopefully your local attorney can get this straightened out.