life estate

[texasgranger]

What is the name of your state? TEXAS

My husband has a deed with his mom as a life estate. The state wants to provide home health service, but also wants to take our home when she dies. How can we prevent the state from taking our home?

 

[justalayman]

you tell them it is not mom's home and leave it alone.

without any other info, I do want to alert you to the possible concern of how long ago the property transaction took place. Medicare has a 5 year (I believe) look back so if the transaction was less than 5 years ago, they have every right to seek the value of the home.

 

[HomeGuru]

What is the name of your state? TEXAS

My husband has a deed with his mom as a life estate. The state wants to provide home health service, but also wants to take our home when she dies. How can we prevent the state from taking our home?

**A: by virtrue of the fact that MOM does not own real property only her life estate interest. Unless the transaction took place recently.

 

[nextwife]

Does Mom now have any ownership interest in this house? If no, when did she last have an OWNERSHIP interest?

 

[texasgranger]

thanks

I got the answer i needed. It has been about four years. So Mom will not get the care she needs. I will hire someone to come about 4 hrs a week. Its all I can afford. You know it is sad when you have to choose like this.

 

[justalayman]

I got the answer i needed. It has been about four years. So Mom will not get the care she needs. I will hire someone to come about 4 hrs a week. Its all I can afford. You know it is sad when you have to choose like this.

Now, depending on the finances involved in the house, they may still not be able to claim it. If it was gifted to you, then yes, they will still go after it but if you purchased it at market value, then that money is what they would be seeking. Depending on it being spent or not will control what they seek.