Legal Question in Elder Law in Maryland

I think your question may involve what is known as a Life Estate Deed? These deeds can be an excellent planning tool because they allow the property to be passed without probate while avoiding some of the serious issues with a standard deed to others during the owner's life. There are two types of life estate deeds in Maryland and they operate differently depending on whether the original owner kept or didn't keep certain powers.

A more complicated question is what happens to assets when someone goes into a nursing home. If the resident has governmental benefits, they may be required to "spend down" assets before getting income-based assistance. In other words, if someone has assets they are expected to pay for their own care until they are too poor to do so any longer. Whether or not a home counts as an asset is a question that depends on the specifics of the situation.

You are encouraged to seek legal counsel who can review the deed in question and/or offer estate planning advice. This online answer offers general legal information, not specific advice.