Legal Question in Wills and Trusts in North Carolina

Does a handicapped heir have automatic lifetime rights if they have lived most of their life in the house?


Asked on 11/21/11, 12:20 pm

1 Answer from Attorneys

No. There is no such thing as "automatic" lifetime rights that I am aware of

It may be that you are referring to the Medicaid rules. There are rules regarding the transfer of assets to a family membe. Medicaid usually looks back in time 5 years from the date of the Medicaid application. When a parent transfers his/her assets to a disabled child, there is an exemption from the usual penalty. Is this what you are referring to?

In such case, your parent should consult with an elder care attorney before making any transfers.

If this is not what you are referring to, then you can try re-posting your question along with more facts about what you are referring to. However, I am not aware of an automatic life estate other than for a spouse who may elect to take against a decedent's will - one of the options given to the spouse is to either choose a life estate or a share in the marital assets.

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Answered on 11/21/11, 4:10 pm


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