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My grandmother is 92 years old and in the hospital. She will…

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My grandmother is 92...

My grandmother is 92 years old and in the hospital. She will need 24/7 care that I can not give! She purchased this home around 2002. The papers and will are still in the safety deposit box . My POA has been given to the banks legal department and I’m waiting to be able to get access! I’ve heard nursing homes require proof of everything she owns!? I found a quit claim deed recorder in 2002 that’s says . Me her grand daughter Grantor, for in the consideration of one dollar in hand paid by, my grandmother, Grantee and the receipt of which is hereby acknowledged, do hereby grant, convey, sell and Quit claim unto the said Grantee and unto Grantee’s heirs and assigns forever, a life estate interest! In and to the following lands lying in craighead county, Arkansas . A life estate in and to the following property . To have and to hold the same unto the said Grantee and unto Grantees heirs and assigns, forever, with all appurtenances thereunto belonging . Witness my hand and seal June 28th 2002. I am her only heir! Her will and closing papers on the house are in the safety deposit box, which I have given the bank my POA. The attorney that did all of our paperwork has passed away. No one at the firm can find a thing! No records! I found this thru the court house! With her having to go into a nursing home. Can the nursing home take the house? One attorney said, after 50$ consult . Which lasted 10 minutes. The house is my grandmothers and the nursing home will be able to get that too!? Please I need some help! Just recovering from breast cancer! I lost my only child and next month makes a year and I’ve always taken care of my Memaw as I call her! What can I do ? Is this true? Like I said the attorney set things up, to where nothing would go thru probate and a nursing home could not take everything her and my grandfather worked so hard for! She will be a self pay at the nursing home! Oh I hope you can help me figure this out! Thank you

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

Arkansas in craighead county

Lawyer's Assistant: What documents or supporting evidence do you have?

Jonesboro is the town where property is located and so is nursing home

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

It’s been so long now, but I’ve been her POA legal guardian and the only one in the will! I’ve always taken care of her, as she did me ❣️ I’m so worried and stressed over this! So many say something different!

Submitted: 4 months ago.Category: Estate Law
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Answered in 1 hour by:
1/12/2018
Estate Lawyer: Damien Bosco, Attorney replied 4 months ago
Damien Bosco
Damien Bosco, Attorney
Category: Estate Law
Satisfied Customers: 4,558
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Hello: My name is ***** ***** I am an attorney. Please give me a moment to review your question. I may ask some questions to clarify issues.

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Estate Lawyer: Damien Bosco, Attorney replied 4 months ago

From what you are saying, your Grandmother transferred the home to you in 2002 and she had a life estate in the home allowing her to live there as long as she lived. Therefore, the home itself is not in her name. A nursing home cannot count the home as an asset of the grandmother. And the nursing home cannot take the house. A life estate should not count at all as an asset in determining your mother's eligibility for Medicaid coverage of her nursing home care or count as an asset. A life estate is a contract right that is exclusive to the person who holds it -- it has no market value since it cannot be sold or transferred to anyone else.

I hope this answers your question and give you some comfort.

If you have further questions, just let me know.

Also, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. If I have not answered all your questions, just let me know what more you need. Best regards.

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Estate Lawyer: Damien Bosco, Attorney replied 4 months ago

Hello again: I am checking to see if you got all that you wanted from Just Answer on this question. Have I answered all of your questions?

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