Elder Law Answers
What Happens to a Medicaid Recipient If the Community Spouse Dies First?
When one spouse is in a nursing home and applying for Medicaid, planning has to take into account the possibility that the...
Read moreWhat Happens to The House I Jointly Own With Mom When She Goes on Medicaid?
- November 28th, 2017
Q
In 2000, my mother and I purchased a home and we own it as joint tenants with right of survivorship. She needs to go into a nursing facility soon and I am planning to apply for Medicaid for her. What will happen to her house? Will I lose 50 percent of it? I have never lived in the house but my husband and I intend to move there in the next five to seven years. I live in Arizona.
A
I can give the answer to you for Massachusetts where I practice, but you will need to consult with an Arizona elder law attorney to determine if it’s the same result there. Here, your mother would be able to keep the home as long as she stated on her application for Medicaid benefits that she intended to return there. Then at her death the house would not be subject to claim because it would pass to you without going through probate.
For more on the different ways to co-own property, click here.