Legal Question in Elder Law in New York

signed over deed

if someone is going into a nursing home and had signed over the deed to their house with the right to live there till death, is this house going to have to be sold ? Or does it belong to the person who's name is on deed along with theirs?


Asked on 7/24/08, 9:35 am

1 Answer from Attorneys

Richard Bryan Richard Bryan Attorney PC

Re: signed over deed

No, the house doesn't have to be sold. At death, title passes to the other person (the remainderman). I think what you're really asking is what are the rules with respect to Medicaid's right to recover nursing home costs from mom's assets while she is alive (which is the house), or from her estate after she passes, which is a good question, but often depends on which county Medicaid office is handling mom's case, and is also beyond the scope of the answers you can receive via email. How much is the house worth? If I were you I'd spend the money to hire a lawyer to make sure everything is done right.

Good luck.

Rick Bryan

New York, NY

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Answered on 7/24/08, 10:09 am


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