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Read moreIf the community spouse (the spouse not requiring long-term care) dies and their name is not on the deed or title of the home, determining who inherits the home involves several legal factors.
The following factors are crucial to determining home ownership:
Here are a few possible scenarios and how they might affect home ownership:
Scenario | Possible Outcome |
---|---|
Home solely owned by the institutionalized spouse | The home will likely pass according to the institutionalized spouse's will or state intestacy laws if there is no will. Probate will likely be necessary. |
Joint ownership with rights of survivorship | If the home is jointly owned with the right of survivorship, the surviving owner automatically receives the deceased owner's share. |
Tenants in common ownership | Each owner's share passes to their respective heirs or beneficiaries, as specified in their will or state law. |
Home held in a trust | The trust documents dictate how the home is managed and distributed upon the death of the community spouse. |
It is strongly recommended to consult with an estate planning attorney or elder law attorney in your jurisdiction. They can provide advice specific to your situation and ensure compliance with state laws.
Disclaimer: This information is for educational purposes only and not legal advice. You should consult an attorney for advice specific to your situation.
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