Is a Life Estate a Good Way to Avoid Probate?
Question:
My mother-in-law has been given approximately six months to a year to live and would like to pass the house to my husband, her only child, and avoid probate. Would a life estate deed work in this case, since it won’t affect the Medicaid look-back period?
Response:
Yes, a life estate would work well for this. Just to clarify, it would create a Medicaid look-back period of five years, but that would not be a problem if your mother-in-law won’t be applying for Medicaid benefits. Another option would be for your mother-in-law to add your husband on as a joint owner, or “joint tenant,” on the deed. This would have the same result as a life estate.
