If my husband passes before my in-laws, can the state take the house?

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My disabled husband and I live in my in-laws home. She is in nursing home. We have lived in the home with my mom-in-law, paid the note off which is in my in-laws name. We have paid taxes on it all these years, she is in nursing home with Alzheimer's. My Husband is disabled, I understand if my Mother in law passes away, we can still live there because my Husband is disabled. But what happens if my Husband passes away first? Can the state take the house? The value of the home is at best 450K. No will in place, just verbal from my Mother in law that my Husband was to inherit the home.

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If the husband dies first, you get nothing. The house goes through estate probate, an expensive process, with Medicaid taking their share for her bills only if she is on Medicaid (not Medicare).
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This is not a good situation. The house will need to go into probate after your MIL dies. If your MIL is on Medicaid and your husband passes first, Medicaid recovery will require money from sale of the house to reimburse the state for NH costs for your MIL. Other creditors may also have a claim on the estate. Since you are related only through marriage, you won't be considered a direct-line heir. This is a most unfortunate circumstance. You may want to seek some legal advice to see if there is anything you can do.

I so hope your husband lives long and inherits the house. Be sure you and he have wills leaving everything to each other first, then the children if both of you are gone!
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Additional information is really needed to answer your questions, specifically:

1. Whether or not your MIL is getting Medicaid assistance, and

2. How title to the deed reads.

Is your FIL deceased?

With a house of that high value, you've really gambled by paying off the mortgage but not having documentation that you're to inherit the house.
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You will need to contact an Elder Law Attorney as this sounds complex, especially since Medicaid could be involved.

Even though you paid off the mortgage and paid the taxes, the house still belongs to your Mom-in-law as the Deed is in her name.

Sorry, verbal "I will give you the house" isn't accepted in today's law as there is no way of verify that Mom-in-Law had said that. Since there is no Will, and if your hubby is an only child, the State will probably give him the house. If there are siblings, everyone would probably get an equal share of the house. But if Medicaid has a lien on the house, that is where the maze happens.

Hope everything works out in everyone's favor.
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