How to protect fathers home when step-mother enters nursing home
My father, now 88, remarried 12 years ago. His home and small section of property has remained in his name (and deceased first wife's name) During the 12 years of marriage my step mother - age 87, never contributed financially to the marriage. She received a social security check that she banked. In August of 2002 the step mother moved from my father's home after a brief hospital stay, she has being staying with her children. A duagher is POA for her mother. The POA arranged to have the step mother placed into a nursing facility in November, 2002 for dementia. The POA has contacted Social Services about medicaid for her. In December my father contacted a lawyer and had his real property transfered to myself and brothers because he can no longer affod the taxes and upkeep. Since the real property was never in the step mother's name can the property be counted as an asset for her under MD law?
1 Answer from Attorneys
Re: How to protect fathers home when step-mother enters nursing home
Your father's attorney should be able to handle this matter. An interest in a home may be transfered between spouses and not affect the incapacitated spouse's qualification for Medicaid. However, since your father transferred his interest upon his spouse's application for Medicaid qualification, other arrangements may be necessary.
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