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by Anonymous on September 2nd, 2008

Anonymous

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Help answer this question below.

We live in a home that has an in-law apartment where my parents live. The home is in my Mother's name. Not my Father's. We have lived in the home with them for the past 18 years. If my Mother is sent to live in a nursing home, can the state take the home?

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Answers. 2 helpful answers below.

  • by Mrs. Dwight K. Schrute on September 2nd, 2008

    Mrs. Dwight K. Schrute

    Without knowing what state your Mom lives in the answer will be generic.

    If your Mother requires Medicaid to cover her nursing homes costs, then the short answer is yes the state can require that her house be sold and the proceeds be used to "pay back" medicaid for the amount of money they "spent" for her nursing home care. This should not occur, however, until the recipient of the medicaid (your mother) dies.

    The best way to protect the asset (her house) would be for her to sign the deed over to her children but this must be done more than 5 years before she applies for Medicaid.

    An irrevocable Medicaid trust may provide some protection. You really should contact an elder law attorney in your state to get the best advice. Good Luck.

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  • by mr. Bill on September 2nd, 2008

    mr. Bill

    If your mother recieves Medicad help then it has the right of asset recovery. I would tell you to get advise in the living trust and the time limits involved in order that this can deferred or not exist at all. Do not delay for normally it has to be done two years prior to receiving mediciad help. A nursing home has nothing to do with your home it is SSi office and the office of Medicaid. Mr Bill

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