Legal Question in Family Law in Texas
My mother in law is dying from lung cancer.Her and her husband recently divorced but he refuses to leave. Her best friend is living with them helping take care of her and my mother in law would like to know what she can do in the event of her death she doesn't want him to make her best friend move out so what can she do to prevent this from happening
1 Answer from Attorneys
I'm sorry to hear about your mother in law.
Who will own the house when she's gone? If she currently owns 100% of the house, she can deed it to her caretaker OR deed it to someone in her family now who will allow her caretaker to continue to live there. If your mother in law is receiving Medicaid right now, she will need to be careful about deeding the house over right now--you'd want to have an elder-law attorney draw up a "Lady Bird" Deed (Enhanced Life Estate Deed) to make sure you don't blow up her Medicaid eligibility, if that's an issue.
If she is receiving Medicaid and does not "Lady Bird" deed the house to someone, the state Medicaid program may come take the house through a MERP claim anyway.
Best regards,
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