Property taken for nursing home fees

[jeccard]

My grandparents live in an apartment in Ohio and all their wills and estate planning is set up through there. They own a house in Florida which they moved out of less than 2 yrs ago and it is now rented. The income pays for the apartment they live in currently. My grandfather is in deteriorated health and will be going into a nursing home for which they don't have money for. My grandmother is capable of living on her own for awhile longer. However, it seems that the house in Florida will be taken for the nursing home fees, leaving my grandmother with nothing to live on. The only reason they make it now is because of my grandfathers veterans support and the income from their house. I have been told that Florida's law allows the surviving spouse to keep the property but Ohio's law does not, and since their wills and estate planning is through Ohio and they are residents thereof, Ohio law applies.

Is this True? Will they lose their house? Is there a way to avoid this and continue to support my Grandmother? Any more advice on the situation that you could help me with?

Thank you

 

[lwpat]

If the land is in Florida, then Florida has jurisdiction. That does not mean that an Ohio court cannot award a judgment that will be honored in Florida. It sounds like you are getting information from someone at the nursing home which is not the place to get advice. Check with the a local seniors organization where they live. Many have access to pro bono legal advice which is what they need. Do not sign papers with the nursing home until they have been reviewed by an attorney. It is quite possible they will qualify for Medicaid but this is very state specific so you need an attorney that is current with the law in Ohio.

Is there a reason they moved. Since the laws vary they may be better off to move back to Florida depending on the benefits available.