Possibly. It depends on whether she is on Medicaid, her assets, her will and the state where you live. You should see an estate attorney to get legal advice.
I am glad that you are thinking about this in advance. Carol is right that much depends on circumstances but in the end it will all rest on how the property deed reads.
If in mom's name solely it will pass via her testamentary documents (e.g., her will) and will most likely be subject to probate. If no will, probate court will determine the disposition.
There are ways to title and/or hold the property that will allow it to pass through to you without being subject to Medicaid recovery (if and when she receives Medicaid) and by-pass probate in any event.
You should spend the money to speak with an attorney for an hour. If funds are limited make sure you ask exactly what steps you need to take to do this on your own. It is surprisingly easy, but you want to have the right advice for your circumstances and state of residence.
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Carol
If in mom's name solely it will pass via her testamentary documents (e.g., her will) and will most likely be subject to probate. If no will, probate court will determine the disposition.
There are ways to title and/or hold the property that will allow it to pass through to you without being subject to Medicaid recovery (if and when she receives Medicaid) and by-pass probate in any event.
You should spend the money to speak with an attorney for an hour. If funds are limited make sure you ask exactly what steps you need to take to do this on your own. It is surprisingly easy, but you want to have the right advice for your circumstances and state of residence.
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