Legal Question in Wills and Trusts in Minnesota

Life estate

Four years ago my folks put their house and land in a life estate. My father died two years ago and my mother moved into an apartment. My mother thinks she wants to go into an assisted living place now and she quailfies for some help from the state. They said the law changed July 1 and they will put a lien on the house and property. Can they legally do this being they put it on life estate four years ago?


Asked on 2/18/04, 7:58 am

1 Answer from Attorneys

J. Chris Carpenter Harvey and Carpenter

Re: Life estate

Yes, they can. The law allowing the state to place Medical

Assistance liens on life estates and joint tenancies is retroactive,

although there are some limited exceptions. However, there may

be some planning strategies available to your mother. Please feel

free to give us a call if you have any questions.

Luke Robinson in our office does this kind of work.

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Answered on 2/19/04, 9:59 am


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