Germantown, MD asked in Real Estate Law and Elder Law for Maryland

Q: Hi, i,m not sure what the future holds for me. My mother and i purchased a condo in 2002. My cousins name was on deed

until 2010 his name was taken off and replaced with mine. 2014 my mother has been in a nursing home. A lien has been placed. What can i do to avoid the state of Maryland and or nursing home taking my condo when my mother passes away?? It was suggested that i place bankruptcy in part of of mother. I am power of attorney for her.

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1 Lawyer Answer
Richard Sternberg
Richard Sternberg
  • Estate Planning Lawyer
  • Potomac, MD
  • Licensed in Maryland

A: You should probably get a consult with a bankruptcy lawyer. I exclude bankruptcy from my practice, but I believe real estate not exempted would be liquidated to pay debts in the bankruptcy. The correct answer was to place the deed in a special needs trust three years ago, but that isn’t helpful now. A careful examination of title might help. Perhaps your interest in half the property has already matured, and perhaps a better strategy can be developed. It will not be free.

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