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Question

My mother broke her hip in January and has since been in a nursing facility for rehabilitation. She is of sound mind, but unable to attend to herself due to the injury (which was the result of hospital neglect). She owns a duplex where she resided on one side and rented the other side to pay her mortgage. Can she sign that property (or sell) over to a relative while she is living in a nursing home to avoid Medicaid real estate recovery when she passes?
Location - Killeen, TX

Edited by XXXXXXXX on 6/25/2008 at 5:31 PM

Submitted: 501 days and 9 hours ago.
Category: Legal
Value: $30
Status: CLOSED

Accepted Answer

Medicaid rules and regulations are a real mine field for thos not in the know. This is one are where absolutely you need to sit down with a lawyer who specializesin Elder Law - just going out and signing over Mom's property at the wrong time can result on not only losing the benefit of the transfer of ownership but also keep Mom from applying for Medicaid for a number of years. So, I encourage you to find an Elder LAw specialist ASAP and spend the money needed to get sound advice!

All the best

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Expert: Mr Lofton
Pos. Feedback: 100.0 %
Accepts: 642
Answered: 6/25/2008

Lawyer.

30 years of experience as a counselor and trial lawyer

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