QUESTION
What are the implications of the title of the home not being transferred?
Asked on Nov 25th, 2013 on Estate Planning - Nevada
More details to this question:
I have an estate question. My mother in law passed away 7 years ago. The home that she and my father in law lived in was in her name only; there was no mortgage on it. My father in law never transferred the title. His health is now failing. He has no insurance or income and his family is trying to put a game plan together for getting Medicaid and disability. He is only 62 years old.
11 ANSWERS
Get the lawyer. The implications are he is the surviving spouse and likely now owns the home; and the state will put a lien on the house if he is nursing home bound paid by medicaid. Better to consult an lawyer NOW.
Answered on Dec 02nd, 2013 at 6:03 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Did she have a will? If yes, that changes everything. If no, this is perfect; he doesn't own the house, so it will not be in his estate for purposes of estate recovery if he needs to go on Medicaid. Your mother's heirs can rent the house to him if he is medically able to stay there. If you don't get why I say rent it, then the family, in putting together that game plan, needs the assistance of a good elder law lawyer.
Answered on Dec 02nd, 2013 at 6:03 PM
Edwin K. Niles
If he is not on title, he can perhaps qualify for Medicaid. Was there a will? If not, he may be considered to be an heir. Community or separate property? Better have a lawyer take a look.
Answered on Dec 02nd, 2013 at 6:03 PM
Litigation Attorney serving St. Louis, MO
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Probate Law Center Richard J. Keyes, PC
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Please see an attorney. I assume the value of the house is greater than $40,000. You will have to do a petition to determine heirs. If your spouse is a child of your mother and father-in-law, then your father-in-law is entitled to the first $20,000 and then he and the children of the marriage split the remaining assets.
Answered on Dec 02nd, 2013 at 6:03 PM
2 Awards
Title can be transferred any time. He needs to sign the appropriate documents. An attorney can help you determine what documents those are after reviewing the title.
Answered on Nov 26th, 2013 at 3:08 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You should see an estate planning/ elder law attorney with the details.
Answered on Nov 26th, 2013 at 3:08 PM
Her probate estate will need to be opened to transfer clean title to the property. Contact an attorney who specializes in estates for further information and assistance.
Answered on Nov 26th, 2013 at 3:07 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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The home is an exempt asset for purposes of Medicaid qualification, but could be subject to estate recovery, depending on the estate planning in place. Probate can still be pursued, but you cannot transfer title without it, in all likelihood.
Answered on Nov 26th, 2013 at 3:07 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Seek the services of an estate planning attorney as there are many implications that need to be considered in light of the late stage health problem that is developing.
Answered on Nov 26th, 2013 at 3:07 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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The principal residence would not be counted as an asset in determining eligibility anyway. Of course, someday, somebody is going to need to file a spousal property petition and/or a petition for probate.
Answered on Nov 26th, 2013 at 3:07 PM
3 Awards
The family should consult counsel. In Nevada, it may be construed as a community asset regardless of title. This is not an area to plan without experienced legal counsel. Good luck.
Answered on Nov 26th, 2013 at 3:06 PM