How to keep a home that was willed to you by your parent, if that parent needs to go into a nursing home?

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How to keep a home that was willed to you by your parent, if that parent needs to go into a nursing home?

My mother-in-law has willed her home to her son, my husband. Someday there may come a time when she may need to go on government assistance. We have been told many stories of how the government makes you sell a home to comply with Title 19. We have also been told that they can simply put a lien on the property. The story that scares me is the couple who says they get to live in the home that was left to them as long as the husband lives because he is on disability and they cannot kick a disabled child out of the family home. However, what if the husband dies before the wife; can the wife can be forced to move? What is the law in this situation? And what can we do to assure that I, the daughter-in-law will not be left homeless if my husband passes before I do?

Asked on March 6, 2012 under Estate Planning, Iowa

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

What you are really asking a question about here is estate planning.  You are looking to the future and that is really great.  But this is not the forum to figure that out.  You need to go and see some one with your Mother in Law about either transferring the house now and giving her a life estate or a creating a trust.  You need to ask about time frames in doing this and the potential for her to go in to the nursing home.  Good luck.


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