Waterville, ME asked in Estate Planning and Probate for Maine

Q: How can I transfer the house we live in from my husband to myself due to his terminal illness?

My husband is terminally ill with not very much time unfortunately. The house we live in is in his name only regarding mortgage and deed. He is also on Mainecare. He left me everything in his will but can Mainecare still come after the house?

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1 Lawyer Answer
Daniel J. Eccher
Daniel J. Eccher
Answered
  • Estate Planning Lawyer
  • Winthrop, ME
  • Licensed in Maine

A: You need to consult with a lawyer who knows MaineCare rules. You may be able to transfer your husband's interest in your home to yourself if you have specific "gifting" authority in his Power of Attorney. Generally, gifts from a MaineCare member to their spouse are allowed under the MaineCare rules. Also, in general, if there is a joint tenant on the deed with a MaineCare member, the state will not "come after the house" after they die, but the Estate Recovery process is complicated and risky.

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