MERP does not go after the surviving spouse's assets. And if they were on Medicaid, probably the only thing left is the house. The widow/widower will be allowed to stay in the homestead.
We need a bit more information in order to answer your question . Shooting blind here without knowing further information I would say,Talk with a attorney.The main question you need to answer is,Is she compatent or not?If she is incompatent no attorney will attempt to change a thing.If she is compatent,Have your surviving spouse appoint someone as her POA before it's too late is the first step.Next step requires more information from you? Is she on Medicaid?Does she have money?Money & assests is the main factor. Why are you worried about her house?Knowones gonna remove her or take her house unless you decide to do so.If your worried about Medicaid taking the house.Medicaid will only go after the house if she would ever exceed her funds for further healthcare cost.Example,if she would go into a nurcing home and exceed her funds.Then,Medicaid will step in to obtain assets to cover her costs of a nurcing home.If her funds are exceeded and/or after Medicaid get's involved,Medicaid goes back 5 yrs.If she sells you her home for a dollar within the 5 yr time frame.That transaction will be reversed by Medicaid.If she gave you example $20,000 two yrs ago?Tomarrow she goes into a nurcing home and exceeds her funds.Medicaid will seek that $20,000 from you to pay for her healthcare.Many factors arrise here.Do you plan to keep her out of a nurcing home for the next 5 yrs?If so attempt.create a medicaid trust.But,just remember,that's your Mothers home,that home is her retirement.If she would ever exceed the cost of a nurcing home.She would be glad to know she has the house to sell as a leg to stand on.A Will doesn't override a Trust as Trust doesn't override another as a Will does.Regardless she needs a Trust in place.
Let me thank you first for your valuable suggestion. In order to detail the question I asked before, I would like to submit the following. The spouse in NH is on Medicaid. This spouse has no bank account in his/her name. has only life insurance policy but the ownership of the policy is changed to the spouse in community. The house is also not in the name of NH spouse. do not remember when the name of NH spouse was removed. at this point what could be outcome of MERP. Is having a trust a solution. If so what kind of trust will be appropriate. Thanks in advance for the feedback.
Shooting blind here without knowing further information I would say,Talk with a attorney.The main question you need to answer is,Is she compatent or not?If she is incompatent no attorney will attempt to change a thing.If she is compatent,Have your surviving spouse appoint someone as her POA before it's too late is the first step.Next step requires more information from you?
Is she on Medicaid?Does she have money?Money & assests is the main factor.
Why are you worried about her house?Knowones gonna remove her or take her house unless you decide to do so.If your worried about Medicaid taking the house.Medicaid will only go after the house if she would ever exceed her funds for further healthcare cost.Example,if she would go into a nurcing home and exceed her funds.Then,Medicaid will step in to obtain assets to cover her costs of a nurcing home.If her funds are exceeded and/or after Medicaid get's involved,Medicaid goes back 5 yrs.If she sells you her home for a dollar within the 5 yr time frame.That transaction will be reversed by Medicaid.If she gave you example $20,000 two yrs ago?Tomarrow she goes into a nurcing home and exceeds her funds.Medicaid will seek that $20,000 from you to pay for her healthcare.Many factors arrise here.Do you plan to keep her out of a nurcing home for the next 5 yrs?If so attempt.create a medicaid trust.But,just remember,that's your Mothers home,that home is her retirement.If she would ever exceed the cost of a nurcing home.She would be glad to know she has the house to sell as a leg to stand on.A Will doesn't override a Trust as Trust doesn't override another as a Will does.Regardless she needs a Trust in place.
In order to detail the question I asked before, I would like to submit the following.
The spouse in NH is on Medicaid. This spouse has no bank account in his/her name. has only life insurance policy but the ownership of the policy is changed to the spouse in community. The house is also not in the name of NH spouse. do not remember when the name of NH spouse was removed. at this point what could be outcome of MERP. Is having a trust a solution. If so what kind of trust will be appropriate.
Thanks in advance for the feedback.