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I recently had my elderly fathers house put into my name. His health isfailing and he may have to be put into a nuring facility. I have been told that they can legally take his home, even though it has been put into my name. What are my rights concerning this matter ? Is there anyway his home can be saved if he goes into a nursing facility ?
State/Country relating to Question: Indiana Already Tried: notnhing yet.
when did you put the home in your name and in what state does your father reside?
The home was put into my name in December of 2008. He resides in Indiana
I assume your father is single or a widower?
yes he is a widower
<p>Indiana has a "look back" policy of going back 5 years from the time of application of application to a nursing home to determine the value of the estate.<strong> </strong>With that said, the gifting of the home to you would not be factored in to your father's estate however because he is able to keep the home, the problem would come when your father passes because they would try to force a sale of the home or come after you under the auspices of the transfer being a conveyance to get around medicaid laws.</p><p> </p><p><strong>200</strong><strong>9</strong><strong> Indiana Medicaid Resource Limits for Long </strong><strong>Term Care</strong><strong><br /></strong>Divestment Penalty Divisor $ 4,456.00<br />Individual Resource Allowance $ 1,500.00<br />Monthly Personal Needs Allowance $ 52.00<br />Minimum Community Spouse Resource Allowance $ 21,912.00<br />Maximum Community Spouse Resource Allowance $ 109,560.00<br />Minimum Monthly Maintenance Needs Allowance $ 1,750.00<br />Maximum Monthly Maintenance Needs Allowance $ 2,739.00<br />Shelter Standard $ 525.00<br />Standard Utility Allowance $ 429.00<br />Resource Allwance for a Couple<br />(Husband and Wife both reside in facility) $ 2,250.00</p>
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