My husband with dementia from.a stroke and Parkinson's disease is in a nursing facility. He has Medicare and Medicaid. The elder care attorney that handled our will is now charging $250 hourly just to speak to him on the phone. I need to know how to have our home placed in my name only and how to handle his name on bank accounts. I am his POA, Executor, etc. I am unable to pay the attorney such an exorbitant fee for information. Is there a way that I can take care of these matters without an attorney? Can you advise me? Thank you.
Now, is the real property, house, in both names, or just his? If he's already on Medicaid to pay for his long term care, the state already has a right to claim some reimbursement from the property when the time comes for that. If the purpose of transferring the house to your name only is to protect it from the state, this effort will do no good. I suggest that you don't really understand the Medicaid rules about reimbursement. How about going to the Medicaid office and they can explain it to you for free. If one or two tries at that doesn't make it clear to you, try to find the local Agency on Aging and try them or AARP. You may be getting overly worried about how to change the name....find out if you even should be doing this.
Quit claiming your home in your name is not complicated. That, making a new deed and recording it (possibly putting it in a land trust), shouldn't be expensive at all.
You need the advice of an elder law attorney if your husband is on Medicaid. You need expert advice on what will best preserve your assets. I can assure you that taking his name off bank accounts will not do that. Nevertheless, if that's what you want to do, you don't NEED an attorney's advice. Go to the bank, tell them to close out your joint accounts, and open new ones in your name only. I doubt this will do what you're thinking it will do, however. And that's where expert consultation comes in.
$250 an hour, frankly, is cheap (in my area) for the advice and assistance of an elder law attorney. Make a list of your questions, make an appointment to see him. Let him tell YOU what you need to do . . . and if you don't know how to do it? Ask him what he'll charge, and let him do his job.
Unfortunately, you've got to get used to spending some money for the help of experts. The old adage "Penny Wise Dollar Foolish" applies.
I don't know about the house but you can bet someone here will and I would imagine that your POA can get your house in your name only.