Legal Question in Real Estate Law in Ohio
My uncle owns his own home, his wife was put in a nursing home by a guardian that the court set up due to their children's wishes. Her name was taken off the deed due to medicaid. The children are moving her out of state to be closer to them. He wants to "cut his children out". The only thing he has of value is the property. What should he do now to make sure the property goes to the person he wishes and not his children?
1 Answer from Attorneys
Your uncle should consult with an estate planning attorney regarding the best way to accomplish his desired results. It is very important that he work with an attorney so as to avoid any questions later about why he "cut his children out."
If the only thing he owns is real property then he could have a new will made out or he could transfer the property to other beneficiaries by a trasnfer on death affidavit.
Please be aware that if his wife is on medicaid the state may be able to exert a lien on the real estate after his death.
This is a very complicated sitaution and one where he really needs to seek competent counsel.
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