My father is in a nursing home, my mom is still living in the home, but the home is in my dads name…can we sell the house with out the state getting the money, so that we can move my mom into a retirement home?

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My father is in a nursing home, my mom is still living in the home, but the home is in my dads name…can we sell the house with out the state getting the money, so that we can move my mom into a retirement home?

We are wanting to know if we can sell the home and move my mom into a retirement
home. Or does the state get first dibs on the money from the sell of the home?

Asked on October 6, 2016 under Real Estate Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Right now, only your parents have the authority to do anything.  Even if your mom's name is not on the title, the house may still be consider community property....meaning that she has the right to make decisions on the house. 
If someone, other than the owners, sell the house and take the proceeds, then that person could be sued or looked at for fraud, theft, or financial elder abuse. 
If both of your parents are not capable of making these decisions, then consult with an attorney to have someone appointed as a guardian over their financial affairs... and then that person can legally make decisions.
With regard to the proceeds of any sale, who gets the proceeds depends on the nursing home and your parent's financial situation.  If they don't have any debts and the nursing home doesn't require liquidation of assets to qualify for assistance...then the guardian will hold the funds in trust for the benefit of your parents.  Some nursing homes, will require liquidation of assets. 


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