Legal Question in Real Estate Law in Wisconsin
Property
He is married--has property--we are trying to find out the position of his land ownership if the possibility of having to place him in a nursing home goes down--does the state take property for payment? Does it remain as is right now, due to the fact wife is still alive?
1 Answer from Attorneys
Re: Property
Washington is a community property state. The effect on the property owned by a married person is that when the person dies (not when he goes to a nursing home) the property instantly "vests" in the other spouse. They don't even have to do anything to make this happen.
This is Washington, not California. Probate is simple here, and the state gets nothing unless and until there are no heirs at all, anywhere, which is pretty unusual.
If his wife is alive - even if she's in a nursing home - when he goes it becomes hers.
Hope this helps. Powell
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