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Can a Spouse Sell a Home After the Medicaid Recipient Has Died?
My mom and dad jointly owned a home in Arkansas. My dad just passed away after having to spend some time in a long-term care facility that required him to sign up for Medicaid. The house is falling into disrepair and I would like my mom to move somewhere that requires less maintenance and is closer to family. She can't afford to move without selling her current home. Is she allowed to sell the home or is the state waiting to take it?
While we can’t give you a definite answer because there may be quirks in Arkansas law we don't know about, here's the general rule: If your parents owned the house as tenants by the entirety or as joint tenants, then the house belongs to your mother free and clear. She can sell the house and use the proceeds as she sees fit. But to be sure, you’ll need to consult with an Arkansas elder law attorney. To find an attorney near you, go here: http://www.elderlawanswers.com/arkansas-elder-law-attorneys.
For information about Medicaid estate recovery, click here.
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