02/03/2021
Did you know that in some cases a simple life estate deed can protect your house for Medicaid purposes and help avoid probate?
When using a life estate deed, you transfer your residence to trusted friends or family members, typically your children, while retaining a life estate. By transferring the residence, you are transferring your legal ownership in the residence. The life estate allows you to stay in your house for the rest of your life provided that you continue to pay for insurance and real estate taxes as well as provide maintenance to the house. In simple terms, a life estate is a lot like a residential lease but the new owner, your family members or friend, cannot evict you. A life estate is a type of ownership in the property. For practical purposes, the family member or friend will not be able to sell the house because you will still have a life estate in the house, and it is very improbable that someone would purchase a house subject to your life estate.
By transferring the house at least 5 years before needing to apply for Medicaid for nursing home purposes, the state cannot require you to sell the house to become eligible for Medicaid. A life estate deed can state that it expires when the life estate holder has not been able to reside there for 6 consecutive months.
Once the life estate expires, by either the life estate holder’s death or inability to reside in the residence for 6 consecutive months, the title owner (your family member or friend) will own the residence outright.
In Illinois, an estate does not have to go through probate if the deceased individual has less than $100,000 in their individual name at the time of death. Often by transferring the house as described above, the deceased person will have less than $100,000 in their individual name and, therefore, their estate can avoid probate.
This is a very inexpensive way to protect what is often your biggest asset. If you would like to learn more please, call Brian Witt Law at 815-383-7113.
This is not intended to be legal advice. You should consult with a licensed attorney before considering this type of action.