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My mother in law has a house and cash in the bank, she is in…

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My mother in law has...
My mother in law has a house and cash in the bank, she is in the house but if she has to go into elder care we are concerned because the house is willed to my wife. My wife is power of attorney.
Submitted: 2 years ago.Category: Estate Law
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1/25/2016
Estate Lawyer: Ely, Counselor at Law replied 2 years ago
Ely
Ely, Counselor at Law
Category: Estate Law
Satisfied Customers: 103,583
Experience: Fully licensed attorney in Texas in private practice.
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Hello and welcome to JustAnswer. Please note: This is general information only for educational purposes only, and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Indeed, if she leaves the home for care, Medicaid can seek reimbursement from the value of the house for any amounts it's paid for nursing home care. This is true even if the home is willed to someone else in the Will.

Medicaid has a lookback period of 5 years.

One way to void this is to have her deed the home to someone else 60 months before he or she applies for Medicaid coverage of the nursing home care. Or, she can place it into an irrevocable trust, but that gets a little complicated - see HERE.

I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.

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Estate Lawyer: Ely, Counselor at Law replied 2 years ago
Hello again. I am checking in because you have not rated positively. To me this means you may have another question, or may have just forgotten to rate. Please let me know – I am simply touching base. Thanks!
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