Legal Question in Credit and Debt Law in Wisconsin

My grandma gave us some money towards buying a house 2 years ago as she was going to move in and live with us. We all agreed that she would live there without paying rent or making any portion of the house payment until she had the money she gave us back in her account. Well, now she had a stroke and is in the nursing home, but her name is on the house. Do we have to be concerned about her kids (my aunts) coming after the house if she passes, and if she ends up staying at the nursing home, do we have to be concerned about the state trying to take the house? And how do we protect ourselves in this situation?

Asked on 8/07/16, 7:33 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

Yes, you are need an experienced estate planning or elder law/real estate lawyer. If you are correct about the title being only in your grandmother's name, then her death would cause inheritance of they home by her heirs. Her heirs would often be her children/your aunts, and their plans for the property may not include your continuing to live there. You need to see a copy of her will in order to find out for sure, however. You are also correct that ownership of valuable assets such as real estate can often stand in the way of a person qualifying for Medicaid, which is the only government program which pays for long term care for those who cannot afford to pay for it themselves. Likewise, gifting assets to family members can trigger a "penalty period," during which time people are barred from receiving Medicaid payments to cover their care, the length of which penalty is determined by the value of the gift. Regrettably, I do not know nearly enough about your situation to advise as to any of the details that may apply in your family's case here.

Answering this question does not make me your attorney, but you can post comments here for clarifications, etc. You can also see past answers to similar questions on AVVO at . Also see 15 years of past answers at . Answers may contain attorney advertising materials.

Read more
Answered on 8/08/16, 1:59 pm

Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Wisconsin