Legal Question in Wills and Trusts in North Carolina
Will
I did my will 15 years ago and gave my children the real estate with me having life time rights. The deed to the real estate is still in my name. I am almost 80 years old. I want to know what happens to the real estate if I were to have to go into a nursing home. Do I need to the deed to the real estate in my childrens name.
Asked on 7/13/08, 7:24 pm
1 Answer from Attorneys
Jeff Rosner
Rosner Law Firm P.A.
Re: Will
I can tell you that a will is useless to reserve lifetime rights - it is only applicable once you die. It sounds like at this point you own the property 100%. You may have some issues with medicaid. I would strongly suggest you make a consultation with an estate planning attorney in your area who specializes or is familiar with elder planning and elder law.
- Jeff
Answered on 7/13/08, 8:42 pm