I didn't initially add every detail about how the estate was set up. I didn't see the need I guess. His grandmother added both grandsons to the deed "in fee simple" over 10 years ago. My understanding is that also made the 2 grandsons equal and part owners of the property. She only owned 1/3 interest in this entire estate. This this why when it came to her assets, Medicaid could recover her assets but not the other 2/3 interest that estate that did not belong to her. This is also why they were legally allowed to buy out her portion of the estate they owned with her. This is and was my understanding of the situation. It was not just and Elder Law attorney, but and Estate Attorney that was involved. Sadly she died 2 months after house was sold. She was still paying out of pocket for nursing home at the time of her death and Medicaid will never need to pay her Long Term Care expenses at this point.
