Tuesday, April 17, 2007

Case of the Week 4/13/07

Client's Age: 63
County: Putnam

Client had a fairly unusual circumstance, of having her home deeded in both her and her ex-husband's name, though they had been divorced for over 25 years. Now ex-husband may need nursing home Medicaid benefits, and client was worried about the state taking the home because his name was still on it. We examined her circumstances and explained that if the deed were joint/survivor and he died first, Medicaid estate recovery would not attach because the home would not pass through ex-husband's probate estate. But if client died first, ex-husband would become sole owner and Medicaid estate recovery could attach. "Thank you so much, I wish I'd known about you years ago, I've gotten more from you today than 8 yrs of asking."

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