Thousands of verified Experts are ready to answer your specific questions 24/7.
Satisfaction is guaranteed and you pay your Expert only if you are satisfied.
Just type your detailed question and click "Get an Answer."
In minutes you'll get a response from an Expert. You can always ask follow-up questions.
Happy with your answer? Just click "Accept" to pay your Expert.
I have lived in this house since i was 4. my mother and father devorced and mother got the house and land. She remarried in 1992 and moved out to live with stepfather in his house. i continued to live there and was married in 1996 and just recently devorced this year. my mother is now 70 and i am 37, she and stepfather signed house and land over to me in oct of 2006, the question is since stepfather has died 2 years ago she is in bad health and is thinking of moving into a nursing home but was told that they could take my house and land to pay for it. is that true and what can i do about it. i live in missouri.
State/Country relating to Question: Missouri Already Tried: first attempt just found out last night
Do I understand correctly that the house is titled in your name only since October of 2006 and that the house is paid off?
Also, who is telling you that the house can be taken to pay for mom's nursing home expense?
the house is titled soley in my name since oct 12 of 2006 and it has been paid off for years before it was signed over to me. my aunt is telling my mother this about the nursing home can take it away since it was not in my name for more than 5 years.
There is a five year look back period but it may not apply to your situation because of an exception to the general rule. The medicare/medicaid laws permit your mother to tansfer the home to you without either a Medicaid delayed-coverage penalty or a Medicaid lien on the property if you are her adult child and if:
(1) you have lived in the house for at least two years prior to mom moving into the nursing home;
(2) during that 2 yr time, you cared for you mom; and
(3) that care allowed the mom to remain at home for that time instead of entering a nursing home.
This law would also apply without meeting the above three items if you were blind or disabled.
If you do not fall under the above category, then Medicaid would still have no right to reimbursement from the house. However, Medicaid Transfer Rules could mean a delay of months or years before Medicaid would begin paying for the nursing home.
ok so they cant take my house but could refuse to pay for nursing home for such a period of time. my mother has not lived here for 17 years she has lived in stepfathers house and is still living there. i have lived here basicly for 33 years and have had sole ownership for last 3 years. she has had in home health care for 3 years.40056.5055624653
The law is unclear but it does not appear to directly require that mom have lived with you in the home, just that you provided car for her and that you lived there. So you can try to dfall under this exception. However, if it fails, then you may have to help pay for mom's nursing home needs until the Medicaid would kick in or wait a while before she enter the nursing home.
Attorney
13+ years experience in civil litigation, jury trials, and business law;