Cynthiana, KY asked in Estate Planning, Family Law, Civil Rights and Probate for Kentucky

Q: Question regarding property, nursing home medicaid, and eviction.

A older person with very little SS income has a home with a mortgage and possibly no equity if sold. She gets married and moves in with spouse. She gets brain cancer and ends up in a nursing home for rehab. Spouse pays 30 days stay to try and get her medicaid eligible in meantime. Lawyer says gotta sell the house (not knowing there's no equity) to qualify medicaid. Person's daughter and low income family with children live in the house as part of verbal agreement early on (no written) to take over mortgage payment (without transfer). What would the family's options be? Newlywed spouse doesn't care for wife with cancer and wants to avoid paying any more months out of pocket. Eviction would create undue hardship on family. I should also mention the mortgage (and possibly the house) is still in her dead husband's name.

1 Lawyer Answer
Timothy Denison
Timothy Denison
  • Estate Planning Lawyer
  • Louisville, KY
  • Licensed in Kentucky

A: If the home is not in her name, it can possibly be transferred since there is no equity in it. If the hone is in her name, if you can show Medicaid there is no equity, they might possibly start paying. If not, the house will likely have to be sold and the renters will have to buy it at sale.

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