What to do if my husband is ill he might end up in a nursing home soon and our names and other family members are on 25 acres of land?

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What to do if my husband is ill he might end up in a nursing home soon and our names and other family members are on 25 acres of land?

Can the state take their part of the land too? His sister has been paying the taxes on it and she wants me to sign over our part, so they can’t take it all. My friends and family are telling me no don’t do it. Phat should I do?

Asked on January 25, 2012 under Real Estate Law, Virginia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I suggest that you and your husband consult with a Wills and trust attorney over the possible creation of a power of attorney where you would be his attorney in fact for business and medical issues and possibly creating a trust for you and him with a pour over Will.

The trust might prevent the state from going after your husband's interest in the 25 acres of land. Another option is your husband quitclaiming his interest in the land to you, his spouse.

I would not have your husband sign over his interest in the 25 acres to family members yet. Let the Wills and trust attorney advise you two regarding the trust option or quitclaim of his interest in the land to you.


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