Legal Question in Elder Law in Massachusetts
property and assets
what happens if your name is not on the deed to a home or attached to your husbands assets and he needs long term nursing care ie: hospital, nursing home?
1 Answer from Attorneys
Re: property and assets
transfers among spouses are allowed without jeopardizing medicaid eligibility. you could put your name on the deed, or even take your husband's off without having made a "disqualifying transfer" for medicaid purposes.
also, remember that the home is generally a "non-countable" asset for determining medicaid eligibility. if there is a spouse at home (a "community spouse") and a spouse in the nursing home (called an "institutionalized spouse") there are many planning opportunities.
you should seek the advice of a qualified elder law attorney - preferable one who is a NAELA member (National Academy of Elder Law Attorneys) - such as myself.... ;-)
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