Since house is in both names would I get share of house to buy me a new home and his share go towards his care in nursing home. Or is house community property where it all is estate recovery
You and your husband may sell your home (perhaps with you acting as your husband's agent under the Durable [Financial] Power of Attorney) and buy a new one in both names. If there is money left over, after setting aside half of this money and other countable assets totalling about $130,000, the funds would be used to pay for your husband's care. To be sure that you get it right, contact an elder lawyer near you. You can find one on the website of the National Academy of Elder Law Attorneys (www.naela.org)
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.
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