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have lived with my mom and dad for 3 years and have been their…

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have lived with my mom...

have lived with my mom and dad for 3 years and have been their caregiver. I have power of attorney for both of them. Dad passed away. His will left the house to me, but stated mom had rights to the house as long as she lived. I am afraid mom may have to go to a nursing home soon because of movement issues and memory problems. Mom has Medicare and Social security to help with nursing home cost.
My question has to do with my obligation to the nursing home after mom dies. Can I be forced to sell the house to pay any Nursing Home fees. If I choose to sell the house at a later date, can the Nursing home claim money from the later sale? I am an only child , and do not understand some of the things i have heard on this subject. Can you help clarify?

Submitted: 8 years ago.Category: Estate Law

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7/30/2011

Estate Lawyer: Roger, Attorney replied 8 years ago

Roger, Attorney

Category: Estate Law

Satisfied Customers: 32,353

Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters

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Hi - my name is XXXXX XXXXX I'm an Estate Law attorney here to assist you.

Even if your dad deeded his interest in the house to you, your mother still has an ownership interest in the house if the property was the marital home and/or marital property.

I know you said your mother had a life estate reserved, but has she ever issued a deed to you for her interest in the property?

Customer reply replied 8 years ago

Yes, Mom's will leaves the house to me,but gives house usage to dad if she passed away first.

Estate Lawyer: Roger, Attorney replied 8 years ago

A bequest in a will is not the same as a deed - meaning that a bequest in a will would only happen at her death and a deed is immediate.

You need to have your mother deed the property to you now, reserving a life estate for herself (which would allow her to live in the property for the rest of her life). This will transfer the property out of your name so it can't be touched by Medicaid.

The biggest problem you're facing is that Medicaid has a 5 year lookback period from the time she applies for benefits. Thus, if you do the deed now and get the property transferred out of her name, she will have to wait at least 5 years to apply for Medicaid.

If she can't wait, Medicaid can take the property and sell it in order to generate money to pay for her medical expenses.

Sorry - typo...

This will transfer the property out of your name so it can't be touched by Medicaid.

This will transfer the property out of her name so it can't be touched by Medicaid.

Customer reply replied 8 years ago

I read somewhere that if a have bee the caregiver and lived in the house, that the house could not be taken away from me. That my living here and careing for mom and dad protected me and th house from Medicare. Is this not true?

Estate Lawyer: Roger, Attorney replied 8 years ago

I've never heard of that as being an exception to Medicaid's right to reverse a transfer within the 5 year period.

I can't find any law or ruling that supports this.

Customer reply replied 8 years ago

The exxact wording on the will says, The co-Trustees of the Ballard Family trust declare that they transfer to cynthia Hoyt 100 % intrest in the following described property, subject to a life time successive usufruct of vernon Ballard and Elouise Ballard>

This is dated April 24, 2009. Does that mean that on April 24, 2014 that the house could no longer be taken from me if mom was later sent to a nursing home? If mom went into a Nursing Home before that date would we only have to pay Medicaid until that date?

Estate Lawyer: Roger, Attorney replied 8 years ago

Yes, if the trust transferred the property to you in 2009 and gave your mother a life estate in the property, when you get to April 2014, you would be in the clear of the Medicaid look back period.

Roger, Attorney

Category: Estate Law

Satisfied Customers: 32,353

Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters

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