Legal Question in Elder Law in New York

My mom has lived with a man for 19 yrs now and he is possibly going to have to go to a nursing home due to Dementia and Parkensons. They have a mobile home that is paid for and in both names. They also have a mortgage on my husband and mines house which is in both of their names. Will my mom loose her mobile home and my house if he has to go to the nursing home even though her name is on both as well as his? Medicaid will be involved as only insurance they have is Medicare and the suppliment policy.


Asked on 9/09/09, 6:03 am

1 Answer from Attorneys

Richard Bryan Richard Bryan Attorney PC

Since your house is not step-dad's primary residence, then I believe his share of the equity will be counted as an available resource and may disqualify step-dad for medicaid. Some of the usual planning tools we might use in this situation (spousal refusal and exempt transfers to spouses, e.g.), may be unavailable because they are not married. So it's a tricky situation. You had best get yourselves to a lawyer immediately who can sit down with you and review all of the facts and go over your options.

Good luck.

Rick Bryan

New York, NY

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Answered on 9/14/09, 8:26 am


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