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Changes To Transfer-On-Death Deed Law
Revised Law Puts Burden on Beneficiary To Claim Property
In 2008 the Oklahoma Legislature passed a law creating the Transfer-On-Death deed. This type of deed allows an owner to leave real property to someone without going through probate.
Under the original law, the person to whom the property was left (the "Grantee Beneficiary") had 9 months to file a disclaimer if he or she did not want the property. This raised a question about what happens if nothing is filed after the owner dies.
During the last session, the legislature answered this question. Starting in November, a Grantee Beneficiary must file an affidavit and death certificate with the county clerk's office within 9 months of the owner's death. If no affidavit is filed, the property reverts back to the deceased owner's estate, which likely means it would have to be probated.
So, going forward it is very important that anyone who is named as a beneficiary in a Transfer-On-Death deed take action soon after the owner's death. For more information or for assistance preparing Transfer-On-Death deeds or Grantee-Beneficiary affidavits claiming property, contact the Senior Law Resource Center at (405) 528-0858 or info@senior-law.org. |
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Asset Protection for Spouses
When a Spouse Goes Into a Nursing Home and Applies for Medicaid
When a person goes into a nursing home, the spouse who stays at home is often concerned about financial security. There is a common misconception that the state will take away the home or otherwise impoverish the spouse. Although Medicaid rules are complicated, here are some basics about how Medicaid treats married couples.
If the couple owns a home worth less than $500,000, as long as the community spouse continues to live in the home, Medicaid will not count it as an asset. In addition, during the first year the institutional spouse is in the nursing home, he or she can sign the house over to the community spouse. The community spouse is then free to sell the home and keep all of the proceeds without affecting Medicaid.
Medicaid will look at all of the couple's other assets as of the day the spouse entered into the nursing home. The total amount of countable assets (a technical term we don't have room to address in this article) is used to determine how much money must be spent down before one of them can qualify for Medicaid. Generally, the community spouse gets to keep half and the institutional spouse can keep up to $2,000. However, if half is less than $25,000, the community spouse is allowed to keep up to $25,000.
The following example will hopefully help. Bob goes into the nursing home in August. His wife, Sue, remains at home. In August, they owned a house worth $100,000 and had $30,000 in savings. Because Sue is still living in the home, Medicaid will disregard that asset. Dividing their savings, half is less than $25,000, so Sue is allowed to keep $25,000 (the minimum). Bob can keep $2,000, so they only have to spend down $3,000 to qualify him for Medicaid.
Medicaid can be tricky, but we are here to help. If you have questions, contact us at info@senior-law.org or call us at (405) 528-0858. |
About the Senior Law Resource Center The Senior Law Resource Center is a 501(c)3 non-profit organization dedicated to empowering Oklahomans to age with independence, dignity, and security by providing high-quality, affordable legal information and services. Senior Law Resource Center 600 N.W. 23rd Street, Ste. 106 Oklahoma City, Oklahoma 73103 (405) 528-0858 FAX: (405) 601-2134 info@senior-law.org www.senior-law.org |
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Affordable Legal Services Available
Our attorneys provide free information and affordable assistance with basic estate and incapacity planning, probate, adult guardianship, and other elder law issues. We have no income or age requirements.
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Free Materials Available
The Senior Law Resource Center offers a variety of educational materials, including:
-Your Right To Decide: Oklahoma's Advance Directive & Other Health Care Planning Tools -Who Decides? Caring for Patients with Diminished Capacity -Striking a Balance: A Guide to Adult Guardianship for Guardians and Wards -Grandparenting in Oklahoma: Law & Resources for Grandparents & Other Relatives -Advance Directives & End-Of-Life Guidance in Oklahoma (video) All of our materials are free and available online at www.senior-law.org.
To order printed copies, or for more information, email info@senior-law.org or call (405) 528-0858.
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