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Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 31024
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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94 year old father, 87 yo mother living in own home. How does

Resolved Question:

94 year old father, 87 yo mother living in own home. How does family protect their estate if something happened and they ended up in a nursing home.
Submitted: 6 years ago.
Category: Legal
Expert:  Roger replied 6 years ago.

The only way they can protect the property is to have the parents execute a deed to their children, reserving a life estate. A life estate gives the parents a right to live in the property until their death, but it gets the ownership of the property out of their names.

 

The only catch is that Medicaid has a 5 year lookback period. This means that they'd have to wait 5 years from the date of the transaction to apply for unemployment. If they apply for Medicaid before the 5 years is up, the government has a right to reverse the transaction and take possession of the house and sell it to pay medical bills.

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