Legal Question in Wills and Trusts in Michigan

Yes they can. When you father passes away the house is subject to estate recovery. Michigan has a probate only estate recovery, I am proud to say I had a hand in drafting this law after fighting it for a decade. The law is written so that if the home passes by operation of law it will avoid probate and estate recovery. However, a home in a living trust is countable and not protected. The perfect solution is a lady bird deed. A way to pass on the home without probate, medicaid estate recovery and it does not create a gift. I can provide more information if you contact me. thecenterforelderlaw.com.

Here is a little bit about me: My practice is limited to specializing in issues concerning disability, estate, long term care, nursing home, Veterans, Medicaid and special needs planning. I am the President/Chairman of the Board of Directors of the Alzheimer’s Association - Greater Michigan Chapter (have been for 5 years) and member of the Association's executive committee; Member of National Academy of Elder Law Attorneys and have been listed since 1991 in the Academy's Experience Registry. Also I am a past Chair of the Governing Council of the Elder Law and Disability Rights Section of the State Bar of Michigan. I am also a Charter Member of the Academy of Special Needs Planners and Member of the Financial and Estate Planning Council of Metropolitan Detroit. I have been recognized in 2009, 2010 and 2011 and 2012 as a "Superlawyer" which designates that I am one of the top lawyers in my field. I am also an accredited attorney with the US Department of Veterans. I have also been selected once again In 2012 by Hour Detroit and Dbusiness Magazines as a 5 Star Wealth Manager in the area of estate planning and received the same award in 2011 and 2012.

Don