Follow
Share

my husband had a week & a half Hosp stay, his doctor there ( military) suggested I have this done to protect that asset.

This question has been closed for answers. Ask a New Question.
Find Care & Housing
Do a quit-claim deed with a title company notary, for ten dollars (or one) consideration. Have your husband sign it.
Helpful Answer (0)
Report

Good luck trying to get out from under the Medicaid Estate Recovery Act. Every legal loophole a lawyer finds, the government is there to change it. The laws keep changing to make it almost impossible to hold on to the assets of a medicaid recipient on their passing. Of course the cost of nursing home care will usually far exceed any money they could recoup from an estate.
Helpful Answer (0)
Report

You should be VERY careful here. Unless you would go have your appendix removed on the advice of a lawyer, your doctor isn't necessarily correct about his legal suggestion.

First if all, Maryland is an equitable property state. Is there a pre-existing trust prepared before your husbands dementia? if so, I believe that would make his part of the trust irrevocable at the time of diagnosis. You may not be able to exercise your POA to make changes.

Do you have children of this marriage? Are there step children involved in inheriting within the trust (IF there is a trust)?

Protect the house from what? If your husband needs to go on Medicaid, there can be a five-year look back, and they will discover his ownership even if records are that title was changed within that time.

There are too many unknowns for anyone to give you a simple answer here, just general information. Best to see a NAELA certified attorney so you get ALL the answers you need based on accurate detail information.
Helpful Answer (0)
Report

Deeds vary from state to state. Too complicated here. You need a attorney.
Helpful Answer (0)
Report

The Home
Married couples traditionally own their homes jointly, unless they choose to keep their property separate (when one spouse inherited the property or where the home was already in the name of one spouse prior to the marriage). When a couple owns the home in both names, it is wise to consider transferring the title to be in the sole name of the community spouse. Although the home isn't usually a countable asset for Medicaid, there are a few reasons to transfer it to the community spouse's name after qualifying for Medicaid.
First, if the Medicaid applicant/recipient becomes incapacitated, the future transfer or sale of the house may be difficult.
Second, when the property is owned jointly with rights to survivorship, as many couples' houses are, if the community spouse dies before the Medicaid recipient, the house will become a countable asset of the Medicaid recipient. The Medicaid recipient may then have to sell the house to maintain eligibility if the Medicaid recipient will continue to reside in a nursing home. But then, when the home does sell, the proceeds will belong to the Medicaid recipient and will disqualify the recipient from further Medicaid eligibility.
If the home is owned jointly without any survivorship rights, and if the community spouse ceases to reside there, it will have to be placed on the market for sale.
Third, if the home is transferred to the name of the community spouse, Medicaid will not be able to place a lien on the property to recover for payments made on behalf of the Medicaid recipient. Similarly, transferring title of the home to the community spouse will avoid any possible "estate recovery," since the home will no longer be part of the Medicaid recipient’s estate.
Helpful Answer (1)
Report

gladimhere, that's why I stated that they should see an elder law attorney. Everyone's situation is different regarding children, relatives, value of home, bills, etc.
We put the house in a trust so that it would go to the children if my mom passed first. My dad ended up passing first and we had to sell the house since my mom could not live alone.
Now I am once again visiting an elder law attorney to figure out the details of mom's assets from the sale.
All of this is complicated and I feel an attorney in the state that you live in can give you detailed information on what should be done in ones particular case.
Helpful Answer (1)
Report

When your husband dies, you may have the property in your name only if there is a deed that says Joint Tenants With The Right of Survivorship. It's automatic. If there is Tenancy in Common, or Tenancy at Will, you'll have to go down to the courthouse in the county in which you are domiciled and get the property in your name only. Lawyer needed for this. Suggestion: Wait until he passes. Good Luck.
If you want to own the property now, for whatever reason that you have ( ?) you may ask him to sign a Quit Claim deed. This requires both a Notary and a lawyer. The Quit Claim is often used in divorces, but can be used under other circumstances also.
Helpful Answer (1)
Report

I can't include a link here but google - quit claim deed between spouses.
Helpful Answer (1)
Report

See if you can sell it to your children for a small amount, but stipulate your living there the rest of your life. If you do this check the state laws and make sure your children's spouses cannot get it if they divorce.

Investigate all options with an attorney. Not just the one. Sometimes they only tell you what they prefer, but it may not be right for you. Use an elder care attorney so that they can tell you about Medicare and Medicaid and how future benefits will be effected by what you decide.
Helpful Answer (1)
Report

I would look into establishing a trust for your real estate and other common property. This has some added benefits when it comes time to divide property when one of the trust holders dies. It can make a will much less complicated and make the trauma of that death less of a chore for the surviving spouse.
Helpful Answer (1)
Report

yes it is paid for, appreciate the answers very much
Helpful Answer (0)
Report

Is the house paid for? If not, it is more difficult to remove a name on the title.
Helpful Answer (0)
Report

Pink,that makes so much
sense! You sure wouldn't want house going to dad when he may not be competent to make the change later. But what if twopupsmom also develops problems? Perhaps MedicAid planning? Many people are doing this to protect assets from being taken by government, they would rather assets go to children. Wonder what happens under Obamacare...

TPM, google AVVO to pose question at no charge to attorneys in your area, and receive responses.
Helpful Answer (1)
Report

I went to an elder attorney. We did a transfer of the house to just my mom's name. BUT, what you also want to do is have your mom do a Death on Deed trust. This states that if for some reason your mother passes away before your father that your father doesn't receive the house. There were many reasons why we did this. My father was very ill and he wasn't capable of making decisions any longer.
Helpful Answer (1)
Report

This question has been closed for answers. Ask a New Question.