Legal Question in Real Estate Law in Wyoming

Can they take our house?

Our Aunt sold her house to us 18 months ago for $10.00, now she is in a home, can they take the house from us to pay her bill. We also have a $30,000 mortgage on the house in our name. We were told that when her funds run out they could take the house and we were wondering what our rights are and if we can stop it or find out how long we have until they attempt to take it.

Thank you


Asked on 11/25/99, 7:12 pm

1 Answer from Attorneys

Thomas Lubnau Lubnau Law Office, P.C.

Re: Can they take our house?

You are caught in what is known as the Medicaid Trap. It is a little known rule that the State of Wyoming can and does look back 30 months (and in some circumstances 60 months) to property transferred out of an estate for less than full consideration, and then set aside those transfers and bring the property back into the ward's estate. Congress also had the foresight to make it illegal to advise people on how to avoid having the state take these actions. (They are not enforcing that law.) The specifics of your situation require prompt and experienced legal advice. You should contact a lawyer of your choice, immediately. The attorney you should contact should have some experience in Elder Law. Our firm does some practice in the Northeast corner of the state in this area. Susan Feinman, of Cheyenne, Wyoming, is one of the finest Elder Law attorneys available. Based upon the specific circumstances of your situation, there are some things that might be done to avoid your losing your home.

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Answered on 11/30/99, 1:07 pm


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