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Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 31021
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My mother & father signed over their home 3 years ago to me

Customer Question

Hi: My mother & father signed over their home 3 years ago to me & now my father died & my mother is in a nursing home in Pa. where the house is. She is running out of Medicare Eligibility & money & needs to go on Medicaid. Will the house in my name be forfeited to Medicaid?
Submitted: 1 year ago.
Category: Legal
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'll be glad to assist.

Medicaid has a 5 year look-back period.....which means that any transaction made within that period can be subject to reversal OR subject to a suspension or denial of benefits until the value of the property transferred has been paid out of pocket by your mother.

Expert:  Roger replied 1 year ago.

So, the short answer is YES, it is possible that the house will need to be sold for fair market value OR your mom will be looking at paying for her own care for a period of time (determined by the gains from selling the house).

But, if she can hold out 2 more years and get past that 5 year window, she'd be in the clear.

Expert:  Roger replied 1 year ago.

Here's a very good link you can read about this issue: http://www.forbes.com/sites/markeghrari/2014/08/01/the-medicaid-look-back-period-explained/