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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 38217
Experience:  17 yrs estate law, real estate. Wills/Trusts/Probate
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my dad gave his house to a grandson and now he may have to

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my dad gave his house to a grandson and now he may have to go into a resthome. can the resthome take the house if he cant pay for his care? he has soc.sec. he lives in indiana.
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
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How long ago did he give the house to grandson?
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Did he transfer it by deed to grandson?
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Will he be applying for Medicaid to pay for his care/
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Thanks
Barrister
Customer: replied 4 years ago.


he gave it 3 yrs. ago by deed. medicade no

Ok, then no, the rest home would have no legal claim against the house because when grandfather deeded it to grandson, he gave up any ownership interest in the house. Since he no longer owns it, it would not be an asset that anyone could come after for grandfather's debts or expenses.
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The exception would be if he had to apply for Medicaid to help pay for his care. They have a 60 month "lookback" period where they can refuse to provide benefits if an applicant transferred assets out of their name within 60 months of applying. But as soon as he hits that 60 month and a day limit, if he applies, they would not be able to deny him benefits.
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Thanks
Barrister
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