Legal Question in Elder Law in New York

if my name is on a deed with LIFE USE, if I needed medicad, could the government take my portion of the house?


Asked on 12/20/10, 7:16 am

1 Answer from Attorneys

David Leon David L. Leon, P.C.

If your interest in the house is a life estate, then you don't own the house--you merely have the right to occupy the home during your life. (I would have to read the deed to be sure.) Medicaid isn't interested in an asset that you don't own. The life estate interest is likely "not countable" for qualification purposes.

If you can't tell, Medicaid planning is fact specific, so I'm only giving a very basic overview.

Click here for my New York website.

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Answered on 12/25/10, 8:43 am


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