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

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Answered on 7/13/08, 8:42 pm


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