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Will Husband Have to Vacate House His Wife Owns When She Enters a Nursing Home?

  • September 18th, 2014
Q
My father has been married to his second wife for over 20 years. She has dementia and is going into a nursing home. The home they have been living in is in her name from a previous marriage. Her adult children are trying to get my dad to sign papers that he will vacate the house and it will be theirs as soon as she enters the nursing home. They are saying that the house is willed to them. Does he have to vacate the house or is he entitled to stay there? 
A

The answer is that your father will have to move, but not immediately. If your father’s wife passes away and she leaves the house to her children, they will become the owners and can ultimately evict your father. He can probably delay the process for some time since they may have to go through probate to establish their ownership, and many states give seniors a grace period to find a new place to live. In these situations, many spouses leave their houses in trust so the surviving spouse can live there either for a period of time or for the rest of their lives. 

For more about trusts, click here.

Local Elder Law Attorneys in Ashburn, VA

Evan Farr

The Law Firm of Evan H. Farr, P.C.
Fairfax, VA

Jeffrey Hammond

Hammond and Associates, LLC, Elder Law, Estate Planning, Wills, Trusts, Probate
Bethesda, MD

Jean Ball

Hale Ball Carlson Baumgartner Murphy PLC
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Last Modified: 09/18/2014

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