Currently my father in law is a nursing home, and he is on Medicaid. His stepson who is disabled, and on ssi. When my father in law passes away what will happen to his house?
I have read that the state will take it. But what about his stepson?
And also my father in law has no will. He had stroke about 3 years ago, and he is unable to talk.
Hopefully, someone will have some information. Because we have no idea.
If your father’s estate is substantial (includes a house worth several hundred thousand dollars, not offset by large debts), and/or complex (includes lots of investment properties or shares), it will almost certainly go to court, and you want to reduce court fees if possible.
For myself, I’d see a lawyer in the right state who works in this field, and get an idea of the rules and what is likely. Then I would have a meeting with everyone involved, and try for an agreement that falls within the rules. Getting the agreement in writing and signed would do no harm. Then when necessary, you have the best chance of things working out the best way with the lowest costs.
Good luck!
His son who is disabled will not be able to inherit the place unless his name is on the deed and it has been so for at least five years which is the Medicaid look-back period.
Since his son is on SSI, he will qualify to live in handicapped housing. He will not be allowed to inherit the home and remain in it if it is his father's property though.
A Trailer is so different from a house. The land maybe worth more than the trailer. Now states differ but in my State trailers are like cars. They depreciate every year. Usually in a situation like this Medicaid may allow a disabled child to remain in the home if thats where they are living. But this would be determined after FIL passes. The NH would notify Medicaid of the death and give them information on the person who has been handling the residents affairs. Then a recovery letter is sent to that person. It will ask what assets FIL has and if someone resides on the property. Thats when you tell them a disabled stepson. A lean maybe put on the property that won't need to be satisfied until SSon passes away or leaves the property. Meaning the property will need to be sold unless someone is willing to pay the lean.
If Dad has no Will, then a family member needs to go to Probate to become an Administrator who carries out all the responsibilities of an Executor. Difference...the State determines who inherits. As siblings, you can allow Stepson to live on the property.
There is probably lots more to this but you can't really do anything until FIL passes. Then you can consult a lawyer very well versed in Medicaid.
I did an online search for Mississippi intestate laws:
http://www.msprobate.com/mississippi/intestate/
This should provide the answers you seek.