House divided with no will

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House divided with no will

My dad passed without a Will. The house is technically mine my sister and brothers. He lives in a nursing home run by social services. Can he sign off on the house or will the nursing home want the money for his portion of the house?

Asked on November 2, 2019 under Estate Planning, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

You write that house is "technically" your and your siblings', but there's no such thing as a house "technically" belonging to someone--either it does or it does not. If the house had been your father's--titled in his name--then it was his house while he was alive, his estate's now that he has passed. You and your siblings may inherit it, but you don't until probate is finished.
If Medicaid paid for your father's nursing home stay, then social services can try to take the house if they choose to repay the money spent on him. They are not required to, but may.
If this does not answer your question, repost it with additional information about who owned the house and any changes in ownership, and when those changes occured and how.


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