Legal Question in Elder Law in New York

Re: Terminally ill mother in law

The 1st issue to address for your husband is getting his Mother on Medicaid. The social workers at the Nursing Home should be able to assist him. Once she is on Medicaid, almost all her medical needs will be paid for.

It will depending on when, how and under what circumatances the Deed was put in to Joint names as to how the house will be treated for Medicaid qualification purposes and/or Estate purposes.

Does anyone have a Power of Attorney for his Mother? If she is still competent she should sign one ASAP.

Re: Terminally ill mother in law

It sounds like your mother may qualify for Medicaid to pay for nursing home care and medical expenses. It depends on the nature of her ownership in the house, how long the sister has been on the deed and the nature of the sisters interest. Apply immediately with the help of an attorney.

Re: Terminally ill mother in law

A co-owner of real property may usually demand sale of the property through a "partition" law suit. In your mother-in-law's case, such an action might not be concluded before her death. I doubt there is any way to otherwise force the sister to sell the house. It sounds like she ought to qualify for Medicaid, so your husband ought to check into that. I do not think that ownership of the house would disqualify her, especially when her sister refuses to sell. If the house is held with the sister with a right of survivorship, you should check to see if her transfer of her 1/2 now would avoid it going to the uncooperative sister at death. If it is not held with a right of survivorship, her 1/2 should pass (to her heirs, or under her will) as part of her estate through probate in NY.