Madison, WI asked in Real Estate Law for Virginia

Q: In response to your response. We were able to maintain the home because my brother was living in the home at the time

They entered the nursing home and is on disability therefore Medicaid can not include it as asset, as I stated he is not interested now in continuing to stay after dad passes I don't want to lose my parents home my question is IF he decides after our Father passes not to remain in the home and I assume can he come back when I have paid in full and throw me out and take the house because of what is stated in their will.

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2 Lawyer Answers
Richard Sternberg
Richard Sternberg
Answered
  • Potomac, MD
  • Licensed in Virginia

A: Yes. Taking over payments on a mortgage and/or taking over payments on taxes has no effect on title. You need to sit down for an hour with a lawyer to review all of the relevant facts and then negotiate a resolution that benefits the family best. An informal or aspirational plan as you've proposed is a disaster in the making.

Ross Cameron Hart
Ross Cameron Hart
Answered
  • Salem, VA
  • Licensed in Virginia

A: That your brother was on disability and living in the house is (1) a detail not in the original question and (2) an exclusion from Medicaid recovery and spend-down for care. However if he vacates then the house loses the protection and may have to be sold.

As I said, consult an elder law attorney for better information specific to your situation

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