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 Margaret O'Reilly
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Margaret O'Reilly
Margaret A. O'Reilly, PC
Margaret A. O’Reilly is an estate planning and elder law attorney with over thirty-five years of legal experience. Attorney O’Reilly graduated from Duke University with a degree in psychology, and received her law degree from Northeastern University School of Law in Boston, Massachusetts. For over 15 y...
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Meet Ron Landsman
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Ron Landsman
Ron M. Landsman, P.A.
Ron M. Landsman has been practicing elder law since 1983, before it was known as elder law, originally with Landsman and Laster, Washington, D.C., then Landsman, Eakes and Laster, also in Arlington, VA, and since 1990 in his own practice in Montgomery County, Maryland. He has been among the most active members of the...
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Meet Loretta Williams
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Loretta Williams
Hale Ball Carlson Baumgartner Murphy PLC
Loretta Morris Williams is a certified elder law attorney by the National Elder Law Foundation. Ms. Williams was admitted to the Council of Advanced Practitioners, National Academy of Elder Law Attorneys (NAELA) in 2012. She serves as President of the Virginia Academy of Elder Law Attorneys. Ms. Willia...
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