Full question:
My husband died 15 years ago. I did not probate his will. We owned a home. I have two sons. If I have to go into a nursing home, will I qualify for Medicaid? I was told the boys own 50 % of the home and I own 50% of it. What should we do?
- Category: Wills and Estates
- Subcategory: Intestacy
- Date:
- State: Texas
Answer:
The information below applies to Texas. If your husband lived in another state at the time of his death, different laws may apply.
Since the will was not probated, intestate law governs. Generally, community property goes to the surviving spouse, with some exceptions. If the home was jointly owned as community property, it typically goes to you. Any separate property would be divided, with you receiving one-third and your children receiving two-thirds. Additionally, as the surviving spouse, you may have a life estate in any separate property, with the remainder going to your children.
It is important to note that the laws may have changed since your husband's death, and specific details could affect your situation. Regarding Medicaid eligibility, you should consult a local attorney to understand how to proceed and how your home ownership impacts your Medicaid qualification. In Texas, the limitation for probating a will is four years; after that, it generally cannot be probated (Estates Code § 256.003).
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.