Legal Question in Wills and Trusts in North Carolina

if my husband has to go to a nursing home can they take our house if it is in both our names and can they make me move out

Asked on 9/28/16, 3:04 am

1 Answer from Attorneys

Don't know what you are really asking. Nursing. homes don't take anything. I assume you are implying that if your husband has to enter a nursing home and if he cannot pay and has to go on Medicaid what the ramifications of that will be. Medicaid, by law, is mandated to seek reimbursement. So when your husband dies, if he has received Medicaid, then Medicaid will see recovery from your husband's estate. The house is jointly titled - I assume as a tenancy-by-the-entireties (husband and wife). If that is the case, the house passes to you as of the moment of death and is no longer owned by your husband. If Medicaid is not involved and there are nursing home expenses, these too would be a claim against your husband's estate. However, if there is nothing in the husband's estate, then nursing home will seek to hold you liable and can sue you. If the nursing home would get a judgment against you, it would depend on if the home is paid for. The judgment would serve as a lien on any real property. Depends also on what the property is worth and if its paid for. You can exempt about $65,000 in equity if you are widowed and over 65.

What would be better though is to see a Medicaid planning/elder law attorney BEFORE this becomes an issue.

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Answered on 10/16/16, 10:36 pm

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