Legal Question in Wills and Trusts in Virginia
will /elder laws
ive been living with my mother 44 years,she has altzimers. if she needs to be put into a nursing home,can medicare or medicade,ect. force us to sell the house? my mothers written will states that i have lifetime living rights for the rest of my life.can this written will prevent forced sale of the property?the house and a small social security check are her only assetts. thanks for your help in this matter..
1 Answer from Attorneys
Re: will /elder laws
Yes, it's possible that a state medicaid lien could be imposed against your mother's property if she had to go into a nursing home at the expense of the government, but, it's unlikely that the lien could(or would) be enforced while the property was being occupied by the holder of the life estate interest(you).
However, for more detailed and reliable information regarding this particular situation, you should arrange to consult with an attorney who practices in the area of what's known as "elder law".
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