Find Senior Care (City or Zip)
Join Now Log In
C
Cbluebird Asked June 2023

My partner is in a nursing home, I am taking care of the house. He has willed the house to me. Will I be able to keep the house if he dies?

JoAnn29 Jun 2023
Not if he is on Medicaid and if your not married.

Even though the house is not an asset now, it is after death. Medicaid will place a lien on it and it will need to be satisfied thru the sale of the house. The Will means nothing.

Are you living in the house? If so, is Medicaid aware of it? If ur living in the house, were you the Caregiver for at least 2 yrs and living in the house at the time? If so that may give you a Caregiver Allowance. That caregiver allowance can be used to allow you to stay there but a lien will always be on the house. When you pass, leave or sell the house, the lien will need to be satisfied then.

If he is paying privately, you have no worrys.

If your not married but have lived together for a number of years, this maybe considered special circumstances. It may not hurt to consult with an elder lawyer to see what ur rights are.

TopsailJanet Jun 2023
It depends on his resources. It may have to be sold to pay for his care. Whether before or after his death by the POA or by the executor of his estate depends on the circumstances. If he has plenty to spare it should come to you, if not, consult an elder attorney to discuss the particulars.

ADVERTISEMENT


AlvaDeer Jun 2023
The executor of the will will gather all assets of the estate. Normally the estate stands first to pay all bills, but I don't know how this work when a will stipulates that the house "goes to", etc. Currently a friend is serving as executor of the estate of a friend who died deeply in debt. She is using an attorney. The house was left to her in the will and is now for sale, but I am not clear whether she has to pay all bills of the estate out of the sale of that house.

I would consult an elder law attorney with this question.

ADVERTISEMENT

Ask a Question

Subscribe to
Our Newsletter