How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ray Your Own Question
Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 37766
Experience:  Texas Attorney for 30 years dealing in real estate
8534270
Type Your Real Estate Law Question Here...
Ray is online now
A new question is answered every 9 seconds

My fiance's mother who owns her home in Austin, Texas has

Customer Question

My fiance's mother who owns her home in Austin, Texas has been living in nursing home for past 7 years. She is 69, and needs special care assistance. Medicare has asked her to sign over her home as a lien. Her adult son lives on Property and is current with property taxes. Question, in the event of her death, will government evict us??? I
Submitted: 19 days ago.
Category: Real Estate Law
Expert:  Ray replied 19 days ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Expert:  Ray replied 19 days ago.

Let me clarify this, is she on medicaid not medicare in a nursing home, and Texas medicaid is asking you to sign it over, want to make sure I understand so I can help.

Medicare pays for time limited rehab , medicaid here if they have to stay longer.

Expert:  Ray replied 19 days ago.

Medicaid has estate recovery but this only comes into play when they decease.Medicaid will exempt a house but they have mother sign affidavit that if they are able they intend to return to the home, is that possibly what has happened??Some more information here.

Expert:  Ray replied 19 days ago.

Is son disabled here?

Customer: replied 19 days ago.
Son is not disabled.
Customer: replied 19 days ago.
She is wheel chair bound, 1/2 paralyzed and needs living assistance 24/7
Customer: replied 19 days ago.
She had been in nursing home for 7+ years and no plans to return home.
Customer: replied 19 days ago.
She's 68 divorced
Expert:  Ray replied 19 days ago.

And she is on Medicaid correct

Expert:  Ray replied 19 days ago.

Who is asking her to sign this document?

Customer: replied 19 days ago.
That Is correct. Son is current on property taxes. The property value is appraised at 140k
Customer: replied 19 days ago.
I'm hesitate to relocate with him, and on the event of her passing, we loose the home.
Expert:  Ray replied 19 days ago.

Medicaid Estate Recovery can evict you when she deceases if you are not disabled.

Customer: replied 19 days ago.
Guess that answers that!
Expert:  Ray replied 19 days ago.

Thanks again I appreciate the chance to help you today.

If you can positive rate 5 stars it is much appreciated.

Customer: replied 19 days ago.
The document has already been signed over by the mom. Signed over to Medicaid
Expert:  Ray replied 19 days ago.

So estate recovery can take over here.

Customer: replied 19 days ago.
Thank you.
Expert:  Ray replied 19 days ago.

You are so welcome, Happy New Year, thanks for rating.

Related Real Estate Law Questions