Elder Law Answers
How Can I Protect My Interest in the House I Am Buying with My Unmarried Partner?
My significant other and I, who are both in our sixties, are buying a home together and will be listed on the deed as tena...
Read moreWhat Happens to The House I Jointly Own With Mom When She Goes on Medicaid?
- November 28th, 2017
Q
In 2000, my mother and I purchased a home and we own it as joint tenants with right of survivorship. She needs to go into a nursing facility soon and I am planning to apply for Medicaid for her. What will happen to her house? Will I lose 50 percent of it? I have never lived in the house but my husband and I intend to move there in the next five to seven years. I live in Arizona.
A
I can give the answer to you for Massachusetts where I practice, but you will need to consult with an Arizona elder law attorney to determine if it’s the same result there. Here, your mother would be able to keep the home as long as she stated on her application for Medicaid benefits that she intended to return there. Then at her death the house would not be subject to claim because it would pass to you without going through probate.
For more on the different ways to co-own property, click here.
Local Elder Law Attorneys in Ashburn, VA
Jeffrey Hammond
Hammond and Associates, LLC, Elder Law, Estate Planning, Wills, Trusts, Probate
Bethesda, MD
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Jeffrey Hammond
Hammond and Associates, LLC, Elder Law, Estate Planning, Wills, Trusts, Probate
For Jeffrey Hammond, the practice of Elder Law is personal. Jeff’s many years of experience in law and in business did not prepare him for the crisis he faced in 2005 and 2006 when his father suffered a stroke and both of his parents suffered from dementia and other medical problems. At that time, Jeff began an i...
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Mindy Felinton concentrates in the areas of Medicaid planning, Veterans' Benefits, asset protection, nursing home planning, elder law, wills, estate planning, trusts, living wills, powers of attorney, probate administration and trust administration and began her legal career 30 years ago as an Assistant State Attorney...
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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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