Legal Question in Real Estate Law in Texas
My grandmother is in a nursing home and has been for the past 4 years. My grandfather has been deceased for 15 years. They owned their home. Before my grandmother went into the nursing home, my aunt moved in with her to provide care. My aunt is still living in my grandmother's house. She says that since she's been living there, she can continue to do so after my grandmother passes away. However, someone told my grandmother that since she receives Medicaid from the state that, after she dies, the state will sell the house and use the proceeds to reimburse itself for her care. We need to know which of these options are true.
1 Answer from Attorneys
The life estate for residents only applies to surviving spouses, children, and adult disabled children. It does not apply to your aunt. The second statement about Medicaid is possibly true. Sometimes Medicaid has forgotten to reimburse itself out of the assets, but they have the right to do so.
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