Can they take our home

[hkjdavis]

My mother-in-law has been in a nursing home for about 3 years; she has senior dementia. her money has run out; except for 2 houses that were in her husbands name (he died about 5 years ago) The primary residence is in the brother's name. the other property is in my wife's name. these transactions happened on 12-28-2008. the current bill owed the nursing home is about 20,000. we can' afford to pay the monthly bill of about 8,000.00 she has not received any medicaid as of yet. what will the nursing home do(will they go ahead and apply for medicaid for her? And if so can medicaid or the nursing home take our homes. thank you

 

[army judge]

My mother-in-law has been in a nursing home for about 3 years; she has senior dementia. her money has run out; except for 2 houses that were in her husbands name (he died about 5 years ago) The primary residence is in the brother's name. the other property is in my wife's name. these transactions happened on 12-28-2008. the current bill owed the nursing home is about 20,000. we can' afford to pay the monthly bill of about 8,000.00 she has not received any medicaid as of yet. what will the nursing home do(will they go ahead and apply for medicaid for her? And if so can medicaid or the nursing home take our homes. thank you

When Medicaid gets involved, they'll protect all the homes. No one will take them. Medicaid won't allow them to be sold. In most cases, Medicaid will tie them up, until the unfortunate demise of the person they provide benefits for passes. I've seen state governments denied foreclosure on homes with back taxed, because Medicaid protected the property.

I suggest you consult with a local property attorney. Every situation is different and complex. Yours is very complex.

I also suggest you inquire about guardianship of your mother. She needs someone to oversee and administer her legal, medical, and financial affairs!


By the way, the homes MAY still legally belong to your mother. Mom's been ill for three years. The homes were sold in 2008. The courts may see those transfers as fraudulent or coerced due to mom's delicate, and debilitating mental condition. Seek local legal guidance.

 

[knight75]

if they were in her husbands name and he died 5 yrs ago, who's name were they in when the transactions took place in 08? Was he sole owner or joint?
was it a community property state?

DRA was the draconian Medicad law that passed in 05 or 06. Traansfers of property and homes is frowned upon (except CA)
a property attorney really wont be any help. You need to contact an elder law attorney sincde this has to do with Medicaid LTC benefits.
And I have never heard the phrase 'medicaid protects the home' and I've been writing CE classes for Medicaid, medi0-CAL VA etc.
Medicaid was no legal authority to do ANYTHING with the home of a medicaid recipient. All medicaid can do is place a lien after death and that takes several months.
also, forget the phrase 'take her home'. show me one case where someones's home was taken while they were alive.
Then show me one case where a home 'was taken' at death. Now the senior may have unitentionally left the home in their name while on Medicaid, and since it is made clear UPFRONT that medicaid will place a lien bassed on the money spent, that really doesnot count as having your home 'taken'
Much like being self employeed and filing the sort form. THen claiming the IRS ripped you off.