elder law
My mom and dad in nursing home since last year. mom died last month, dad still there. I have will and beneficiary deed to their home, that was drawn up in 1997. I am living in and renovating the home. When dad passes, will medicaid take or make me sell the house?
1 Answer from Attorneys
Re: elder law
Since your mother passed las tmonth, you only have elven more months for the Will to be presented for probate. Otherwise, it is not her will. No, will and no probate estate, her property will pass to her surviving husband and children. The will, that becomes useless as to yrou mother, because of a lapse of time, MAY still be effective as to your father's probate estate.
As to whether medicaid will seize the property, many more facts need to be known. As you seem to know, a transfer recent to the time of death, can be undone if medicaid subsidy has occurred.
Good Luck
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