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legallysound
legallysound, Attorney
Category: Legal
Satisfied Customers: 1333
Experience:  Wills, Trusts, Corporate, Business, Contracts, Real Estate, Pre-nuptial agreements, Landlord-tenant
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I am an only child, my husband and my 2 children moved in with

Customer Question

I am an only child, my husband and my 2 children moved in with my Mother after the death of my father. We have lived here for 16 years. My mother will be 76 soon and is the sole owner of the house, her will states she is leaving her estate to me. My question is, should she become ill, and I am not able to care for her resulting in nursing home care, could I lose the house or do I have rights having lived here for 16 years? We are residence of New York state. I do not want to suggest taking ownership away from her as she advances in age but I do not want to be unprotected either. The lose of my mother would be devastating let alone lose our home too. Is there anything I should/could do to protect both my mother and my family?
Submitted: 8 years ago.
Category: Legal
Expert:  legallysound replied 8 years ago.

Thank you for using Just Answer.

 

This is a common problem and becoming more common as the population ages.

 

Your mom's assets are available for her care should she need it. If benefits are received from federal or state agencies (such as medicaid), they can place a lien on the home or any other property or accounts your mom has.

 

If she gave the home to you, this would only solve this issue if your mom did not start needing government subsidized care for at least 5 years after she gives the home to you. This is because of the "look back" period the government uses. It is meant to prevent people from giving away all their assets simply to qualify for government benefits -- and these laws have become more strict since 2006.

 

Long-term care insurance is an option, but at her age, it will be extremely expensive if she does not already have a policy.

 

So, many people just go ahead with giving the home to the children and hope no benefits are needed for at least 5 years.

 

I am sorry there is not a more simple way to handle this issue.

 

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