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Cheryl1967 Asked February 2018

My husband's name is on the deed of his mom's house. If she goes into a home will the state take the house?

needtowashhair Feb 2018
You should see an elder law attorney.

I have no idea what I'm talking about. I'm assuming that when you say the state, you mean medicaid. The way I understand it, the primary residence is exempt from medicaid qualification so that's not a factor. Gifting should not be an issue since this happened far earlier than the lookback period. As for medicaid recovery, if your dad's also on the deed then the moment your mom dies he becomes the sole owner. Thus it's not part of her estate for medicaid recovery. This process varies depending on the state. Some states can only go after assets in probate, in this case the house shouldn't be. Other states go after all assets probate or no. In this case I don't see how they could go after more than half the house which would be your mom's share.

Once again, you should see an attorney and see what applies in your state.

notrydoyoda Feb 2018
It may come down to if she needs medicaid at some point?

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jjariz Feb 2018
It may come down to who's been paying the property taxes, mortgage, etc.

Cheryl1967 Feb 2018
yes both. His mother and father added his name in the 80s. His father passed aways a few years ago.

jeannegibbs Feb 2018
Is her name on it, too?

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