State Assistance and Undivided Interest Property

[lickpondlegacy]

What is the name of your state (only U.S. law)? Virginia

My father uncle and aunt (uncle and aunt are brother sister of my father and not husband & wife) hold a piece of property jointly (about 80 acres of undeveloped land). They purchased the property from my grandmother at fair market value at the time. They did not inherit it from here. I believe the property is held as an undivided interest but am not sure of how the proeprty in recorded in the deed book (i.e joint tenants, tenants in common, etc). However my aunt is now in a nursing home and has listed her interest in the proerty as one of her assets. To the extent that she exhaustes her assets but for this property, can the state or other assistance providers (Medicaid, etc.) force the sale of this property against the wishes of my father and uncle? Would the state or other agency alow for the particpiton of the property to allow for the sale of her interest while allowing my father and uncle to retain ownership of the remaining acreage? Can this occur even if the county in which the property is located not currently granting requests for subdividion of property? The land has bene in the family for over 200 years and I would hope to be able to maintain a portion in the family and not be force to lose this family asset due to state assistance laws/requirements. Is it posible that the state assistance agencies could lien the property for the fmv of her interest rather than forcing a disposition?

 

[jumac]

no expert here but i would say your best bet would be for someone in the faimly to buy out your aunt. This would let the property to stay in the faimly at lest.

 

[Isis1]

no expert here but i would say your best bet would be for someone in the faimly to buy out your aunt. This would let the property to stay in the faimly at lest.

ahem. family.

and um....hiding assets? you mean like fraud?

 

[jumac]

maybe i worded that wrong when i ment for someone in the fiamly to buy the aunt out i ment it, as in someone getting a loan and giving the aunt the money for it. Then if the goverment want to come after the money form the sale to pay for her nursing home care let them. I never inteaded for her to do some back room sale where the land was sold for like 1 dollor or such. OP said that her father aunt and unlce bought the land form her grandmother at fair market value. why would it be fraud if someone elase in the faimly such as OP or someone elase to do the same thing with the aunts interest in the land?