AR real estate law, community and separate property laws

Dermott (AR). Viewed 54 times. Posted 3 months ago in Real Estate. Flag this as objectionable
Real Estate question: My mother married again, and her husband's children have had him sign over his assets to them including his house. My mother is in the hospital, and the children have put her husband in the nursing home. Now they are trying to say she will have to sell her house to pay for the nursing home because he has nothing and they are married so she has to pay it. Can they take my mother's house? - Is this your question? Add additional information

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Answers (1)

John Mark White

John Mark White

Contributor Level 3
Posted 3 months ago. Flag this as objectionable
It is possible that your mother may have some liability, but it depends on a number of factors. Is Medicaid paying for her husband's nursing home care? If so, when and how did her husband sign over his assets to his children? You can click on the link for "Add additional information" to update your question with this info. Bottom line, if the husband signed over the assets to his children in the last year or two, Medicaid will probably be able to get those assets back from the children.

If Medicaid is involved, it makes this a very complex, difficult situation. I would strongly encourage you to contact an experienced elder law attorney for a full consultation to talk out your options. My firm has an experienced elder law attorney, and you can contact us via my Avvo profile. Or, search on Avvo for elder law attorneys in your area.