Legal Question in Wills and Trusts in North Carolina

My MoM And Dad put their house soley in my name in 2011.my Dad died 2013. We live in this house along with my Mother. I,m the daughter whose name the house is in. My deed says that I will allow my mom and dad tI,o live in the house for their natural joint married life I'm 62 and There is no mortgage on the home. I was to do a reverse Mortgage to help pay the medical bills for mom. I have her full Power of attourney. Can I do this?


Asked on 6/13/15, 2:21 pm

1 Answer from Attorneys

No because you do not own the home solely. Your mother has what is called a life estate and you only have a remainder interest. Your mother could convey her life estate to you, but that might have ramifications if she ever needed to go to a nursing home. I don't know if you can use the power of attorney to transfer your mother's interest in the home to you. I would have to see the power of the attorney. And I don't see how this would benefit your mother directly. While you undoubtedly love your mother and would follow through, once she conveys the land solely to you, you could in theory kick her out and you are not obligated to spend a dime on her medical care.

To protect her, there should be some kind of agreement. And she should have her own attorney. I suggest before you start doing things that you consult an elder law attorney for your mother to find out what the best way will be for her to transfer the home to without running afoul of the Medicaid rules and enable you to get money and pay her medical bills.

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Answered on 6/14/15, 9:54 pm


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