Kingsport, TN asked in Estate Planning and Probate for Tennessee

Q: Can tenncare take a home not included in probate and put in someone elses name 7 months before death?

My aunt was in a nursing home for the past 2 years. Last March (7 months ago), she had her house put in my mothers name (her sister). My aunt passed away a couple of weeks ago. From what I understand since the house was given to my mother it will not be included in probate. But is it possible for Tenncare to try and take the house if money is owed even though my aunt had it put in my mothers name almost a year ago? It is a very small older home and not worth very much.

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1 Lawyer Answer
Anthony M. Avery
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Answered
  • Estate Planning Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: It may be possible that TennCare takes it. Your Aunt should have hired a competent attorney. But do not Probate anything, hire a competent attorney to conduct a title search, and your Mother needs to conduct herself as the owner.

Nina Whitehurst agrees with this answer

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