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About 2 1/2 years ago my mom went into a nursing home. My dad passed away in 2013, they didn't have a will, so in my understanding dad's half went to me, but my mom had usufruct (the right to enjoy the use and advantages of another's property). There is a mortgage on the home that my husband and I have been paying, there is equity in the home. My question is if we sell her home, payoff the mortgage, do my mom and I split the remaining money or does it all go to my mom?

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You need to speak to an attorney. It sounds like Medicaid is involved and that is so county and state specific that you can not get a good answer from a forum of caregivers.

In my state every thing becomes the sole property of the surviving spouse with no will stating otherwise.
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d59j58 Mar 2020
Yeah, we live in Louisiana and our laws are sometimes crazy. But thanks for your answer.
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This post made me read NJ laws and it gets very confusing. So glad we have a will.

I don't think it matters who has paid the Mortgage. Are you on the deed to the house? If not, in Medicaid's eyes the house is Moms unless u can prove differently, like the Will. Once my Mom was on Medicaid, I was told that there was no guarantee that I would be reimbursed for any out of pocket I had incurred. Paying the Mortgage could be seen as just a nice thing you did. I did not pay taxes. Was just ready to shut down the heat and water bill when the house sold.

I think you need to speak to a lawyer well versed in Medicaid. With Dad not leaving a will, it may not be so cut and dry. This is why everyone needs a Will. Even if they only own a house. I keep telling my daughter, who is 42, this and my 34 yr old who has a substantial retirement fund.
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