Will the state take my homeif my mom goes into a nursing home?

UPDATED: Feb 14, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Will the state take my homeif my mom goes into a nursing home?

My mom and I are both on the deed of our home. The home does not have a mortgage or lien. When she dies or must go to a nursing home, will I lose my home?

Asked on February 14, 2012 under Real Estate Law, Wisconsin


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Your state does not simply take people's property when one passes. Rather, under the laws of each state, if a person dies without a Will or trust in place, each state has statutes as to the degree of closest family members inherit one's assets.

I suggest that you and your mother consult with a Wills and trust attorney as to your and your mother's assets as to whether a Will or trust is your best option. Possibly the deed may be a joint tenancy deed where the first person who passes results in the survivor getting the home.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption