Legal Question in Elder Law in New York

In New York, me and my brother are on my moms deed of home. My brother rents upstairs. He is caring for my mom Does the Medicaid caregiver child exemption give him rights full to the estate? He has not said anything to me that this is his intention. He did transfer the rest of the mortgage into his name without my knowledge. Do I have any rights to part of the home? My mom wanted the home split. Ty

Asked on 9/18/20, 10:36 pm

2 Answers from Attorneys

Locksley Wade Law Office of Locksley O. Wade

As long as your name is on the deed you are an owner and there can be no changes made to the deed nor can the house be sold without your permission. Medicare is only concerned with whether your mom has any assets that would put here above the line for Medicaid eligibility. To put it bluntly, Medicaid cannot take your house.

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Answered on 9/19/20, 4:42 am
Richard Bryan Richard Bryan Attorney PC

I don’t know what you mean when you say that you and your brother are on your moms deed. Who owns the house? You and your brother, or your mom? If your brother owns the home then why is he renting the upstairs? Medicaid and Medicaid recovery is a very specific area of the law and you need to see someone face-to-face and get advice about this important issue. You’re making a big mistake trying to resolve this through email.

Good luck

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Answered on 9/19/20, 7:09 am

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