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I do not know if their will covers this house as it was drawn up 20+years ago. The house they lived at that time no longer exists..was destroyed in a hurricane.
Their current home was purchased four years ago as is a joint ownership property...and I do not know if in the deed their is a provision for usafruct. I do not believe the existing will from 20+ years ago would include this home. ..and they have not written a new will to include their current property or usafruct of the property.
They have private health insurance as part of my mother's benefits through her retiree program. Her husband is on her plan for health insurance. No they are not on medicaid and probably would have to self pay for at least 4-5 five years because of their assets as per medicaid guidelines within the 5 year look back period.
In the State of Louisiana where everything is 50/50 community property... except monies or properties purchased prior to their marriage. If a Separate Fruits document (for monies and property) was prepared and filed with the state of Louisiana than the monies and properties are considered separate fruits and are not part of the community property.
Thanks for all your help and other advice would be greatly appreciated.
Is this first marriage kids vs second marriage kids? & your 2nd marriage kid?
For second or third marriages with contentious attitude towards later spouse by first marriage kids (or first spouse), often atty will suggest property to be placed in will as a "usafruct" if the spouse wants to protect 2nd or 3rd spouse interest in house (after he dies) but be able to say to 1st kids while he's alive that they inherit it.
Is medicaid involved in paying for their care?
If, however, joint tenancy is reflected in the deed, but the will provides that others in addition to the wife inherit title to the property, you might need an attorney to sort this out.
Now, if the house has a Reverse Mortgage, you would need to check how the loan is written and when it was written. Some of the older loans say the surviving spouse has to pay back the loan or sell the house.