Legal Question in Elder Law in Massachusetts

property and assets

what happens if your name is not on the deed to a home or attached to your husbands assets and he needs long term nursing care ie: hospital, nursing home?


Asked on 2/24/09, 10:03 am

1 Answer from Attorneys

Robert Hundertmark Robert J. Hundertmark, Attorney At Law

Re: property and assets

transfers among spouses are allowed without jeopardizing medicaid eligibility. you could put your name on the deed, or even take your husband's off without having made a "disqualifying transfer" for medicaid purposes.

also, remember that the home is generally a "non-countable" asset for determining medicaid eligibility. if there is a spouse at home (a "community spouse") and a spouse in the nursing home (called an "institutionalized spouse") there are many planning opportunities.

you should seek the advice of a qualified elder law attorney - preferable one who is a NAELA member (National Academy of Elder Law Attorneys) - such as myself.... ;-)

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Answered on 2/24/09, 10:27 am


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