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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 118788
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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My mother lives in an assisted living facility in NJ. The

Customer Question

My mother lives in an assisted living facility in NJ. The facility is paid from mom and my deceased father's personal funds. The funds will be depleted soon. Can the facility force mom to sell her house in Montgomery co PA if myself (Mom's son) and my wife are living in Mom's house?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Legally, since the house is not her actual residence, they can make her sell the house at or close to assessed value and use the proceeds from the sale for her care before she qualifies for medicaid assistance. Even though you and your spouse are living in the house, they can make you sell it and if you want to buy it from her for the value of the home you can do so.
Another thing you can consider is tying the house up with a reverse mortgage, which she can use for her care and keep the house until her death. At the time of her death, you would have to pay back the reverse mortgage by getting your own financing if you want to keep the house or the mortgage company will take the house and you would lose it at that time.
Those really are your options at this point I am afraid.