QUESTION

does the deed to our property protect us from probate it is listed ESTES KAREN J & RODGERS NANCY, WE ARE CO OWNERS NO RELATION.

Asked on Jul 22nd, 2020 on Estate Planning - Washington
More details to this question:
We currently have a reverse Mortgage listed as above. I was told that the deed should read joint ownership with survivorship. Can we change the deed and the listing on the loan or do we have to put together a will to cover this. Nancy Rodgers email effluenceplus@gmail.com
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1 ANSWER

Wills Attorney serving Austin, TX
2 Awards
While you can change the deed without drafting a Will (and a recorded deed trumps a Will and), you must check the terms of the loan agreement to make sure that the lender cannot foreclose on the home until both of you have left it for a certain period of time.  You should also consult with an elder law attorney.  While in some states Medicaid will not foreclose on the home (to recover the costs of nursing home care) while a surviving spouse lives in it, you are not spouses.  You can find an elder lawyer near you on the website of the National Academy of Elder Law Attorneys (www.naela.org). 
Answered on Jul 23rd, 2020 at 5:09 AM

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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