Ohio Dower Rights

[DustieN]

My brother and sister in law live in Ohio. They bought a home about 20 years ago. They've been married about 23 years. At that time my brothers credit was pretty bad at the so the mortgage would only finance the house for my sister if my brother signed away his dower rights.

Now, it looks as if his wife is going to have to go into a nursing home and will require medicaid eventually. The house is only in my sister in law's name and because he signed away dower rights, does this mean, if she dies, he will have no claim on the house as the spouse? The mortgage is paid off now. We realize that the state will come after the house when she dies to help pay what medicaid has paid on her behalf and are worried that my brother will have to sell the house and be left with nothing and nowhere to live? Other then the house and the car, they have very few assets. They don't have a will (she refuses to make one).

Does this look like that's the way it is on Ohio? He's paid his fair share, paying bills, buying groceries, upkeeping the home, etc...shouldn't he get something, even though he signed away his dower rights? Expecially since the mortgage company is now out of the picture? Thanks for any answers! ;-)

 

[LdiJ]

My brother and sister in law live in Ohio. They bought a home about 20 years ago. They've been married about 23 years. At that time my brothers credit was pretty bad at the so the mortgage would only finance the house for my sister if my brother signed away his dower rights.

Now, it looks as if his wife is going to have to go into a nursing home and will require medicaid eventually. The house is only in my sister in law's name and because he signed away dower rights, does this mean, if she dies, he will have no claim on the house as the spouse? The mortgage is paid off now. We realize that the state will come after the house when she dies to help pay what medicaid has paid on her behalf and are worried that my brother will have to sell the house and be left with nothing and nowhere to live? Other then the house and the car, they have very few assets. They don't have a will (she refuses to make one).

Does this look like that's the way it is on Ohio? He's paid his fair share, paying bills, buying groceries, upkeeping the home, etc...shouldn't he get something, even though he signed away his dower rights? Expecially since the mortgage company is now out of the picture? Thanks for any answers! ;-)

Would she sign a quit claim deed to add him to the house? He could have an attorney draw one up.

 

[adjusterjack]

She should sign the house over to him right now and record the deed.

Then hope that she goes the (I think) 5 year Medicaid lookback period without needing Medicaid.

They don't have a will (she refuses to make one).

That could get messy.

 

[Just Blue]

My brother and sister in law live in Ohio. They bought a home about 20 years ago. They've been married about 23 years. At that time my brothers credit was pretty bad at the so the mortgage would only finance the house for my sister if my brother signed away his dower rights.

Now, it looks as if his wife is going to have to go into a nursing home and will require medicaid eventually. The house is only in my sister in law's name and because he signed away dower rights, does this mean, if she dies, he will have no claim on the house as the spouse? The mortgage is paid off now. We realize that the state will come after the house when she dies to help pay what medicaid has paid on her behalf and are worried that my brother will have to sell the house and be left with nothing and nowhere to live? Other then the house and the car, they have very few assets. They don't have a will (she refuses to make one).

Does this look like that's the way it is on Ohio? He's paid his fair share, paying bills, buying groceries, upkeeping the home, etc...shouldn't he get something, even though he signed away his dower rights? Expecially since the mortgage company is now out of the picture? Thanks for any answers! ;-)

I will tag an Ohio Attorney to advise you. @Ohiogal

 

[DustieN]

Would she sign a quit claim deed to add him to the house? He could have an attorney draw one up.

Never thought of that. I'll ask him to see if maybe she will. That would be easy enough and not to expensive I'm guessing. Thanks!

 

[DustieN]

She should sign the house over to him right now and record the deed.

Then hope that she goes the (I think) 5 year Medicaid lookback period without needing Medicaid.



That could get messy.

That's what I'm thinking. Maybe she'll allow him go to onto the house with a quickclaim deed. Problem is, she's pretty bitter these days. She's lost both her legs to diabetes and he's been caring for her for over two years now and things are getting bad. She has medical issues that is making it very hard for him to care for her as she needs cared for. She's going to be giving him a hard time if he has to let go and send her to a nursing home I'm afraid.

Thanks for answering! ;-)

 

[FlyingRon]

QUIT claim, not quick.

 

[Ohiogal]

Have her do a quit claim to add his name to hers on the deed ...That will salvage the house for him to live in …