Elder Law Answers
If My Name Is on My Son's CD, Will Medicaid Take the Funds?
My son has a CD with his Social Security number on it, but my name is on it as well in case something happens to him. I am...
Read moreCan the State Take My Mother's House for Medicaid Reimbursement If My Sister's Name Is on the Deed?
- August 27th, 2013
Q
My mom died in Massachusetts without a will while she was on Medicaid. My sister's name is on the deed to my mom's house, and she filed probate. Now the state wants my mother's house for reimbursement. Can they take the house if my sister's name is on the deed?
A
It depends on how your mother and sister owned the property. If they owned it as "tenants in common," then you must probate your mother's estate and her half of the property will be subject to claim by the state. If they owned it as joint tenants, the property will pass automatically to your sister free from claim by the state. Even in the first instance, if your sister has low income and lives in the house she may qualify for a waiver of the state's claim. These rules may be different in other states.
Local Elder Law Attorneys in Ashburn, VA
Meet Samantha Fredieu
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Samantha Fredieu
Hale Ball Carlson Baumgartner Murphy PLC
Attorney Samantha Simmons Fredieu is an associate at Hale Ball. Ms. Fredieu graduated magna cum laude from Vermont Law School where she was the symposium editor on the Vermont Law Review, a production editor on the Vermont Journal of Environmental Law, and a member of the Moot Court Advisory Board. She has clerked for...
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William Fralin
The Estate Planning & Elder Law Firm PC
Bill founded The Estate Planning & Elder Law Firm, P.C. in 1994. Bill limits his practice to the areas of estate planning and administration, incapacity planning, Medicaid, asset protection planning, and elder law. He is one of (15) fifteen attorneys practicing in Virginia, Maryland and the District of Columbia, ce...
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Meet Evan Farr
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Evan Farr
Farr Law Firm
In practice since 1987, Fairfax Attorney Evan Farr is widely recognized as one of the leading Elder Law, Estate Planning, and Specials Needs attorneys in Virginia and one of foremost experts in the Country in the field of Medicaid Asset Protection and related Trusts. Evan Farr has been quoted or cited as an expert by n...
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