Legal Question in Wills and Trusts in Tennessee
Estate Recovery
My mother is a nursing home resident in TN. She had her property that is located in VA deeded (Deed of Gift) to me in 1992. In the deed it states that in consideration of ($1.00) cash in hand paid that she did grant,bargain,sell, & convey with General Warranty her property to me but retained a life estate. The last paragraph states that myself , my heirs and assigns have this property in fee simple except with the life estate reserved and retained by my mother. I also get and pay the property taxes each year in my name. My question is : Does the nursing home or state have the right to do an estate recovery for nursing home costs because of this life estate
that is retained? Thank you for your help in this matter.
1 Answer from Attorneys
Re: Estate Recovery
I had a case exactly like this several years ago where the property had been deeded by the mother to the daughter with the mother retaining a life estate. The mother went into a nursing home and received Tenncare. Tenncare did not seek to place a lien upon the property when the mother died. A life estate is extinguished at the time of death.
However, Tenncare rules are very technical and you should fully consult with a lawyer about Tenncare rules, liens and estate recovery procedures that Tenncare may or may not attempt.
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