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attn Attorneys
Posted on 2/14/15 at 12:46 pm
Posted on 2/14/15 at 12:46 pm
What are the chances of losing a home if it belongs to someone in a nursing home? Its willed to me and is homestead exempt.
Posted on 2/14/15 at 12:55 pm to BRL79
quote:
What are the chances of losing a home if it belongs to someone in a nursing home?
Since I'm not going to be representing you, it would be inappropriate of me to directly advise you, legally.
However, you need more information - is the person on Medicaid? Any mortgage on the house? Other resources to pay for care such as an annuity, pension, long-term care policy, etc.? Is the home co-owned or otherwise in a community property regime?
Tough to answer without those (and I'm sure there are other) facts.
Posted on 2/14/15 at 1:40 pm to Ace Midnight
She inherited it. Homestead. Only owner. No mortgage ever on it. Medicaid and her social security benefits are paying for it. I was told by someone that the homestead should protect it. The reason I ask is because I want to fix up the home and put some money into it but don't want to lose the investment in the long run
This post was edited on 2/14/15 at 1:47 pm
Posted on 2/14/15 at 1:57 pm to BRL79
quote:
I was told by someone that the homestead should protect it.
Those laws vary from state to state, as well as on how much value we're talking about, other resources available, etc. I mean Medicaid technically has a lien from jump street when they start paying. At the end of the day, some things are exempt, others aren't and yet others can be negotiated.
I would get told by "someone" with a law license before you start spending your own money. I am an attorney and I had problems with Medicaid over Pops Midnight's very modest estate while he was still alive.
Posted on 2/14/15 at 1:59 pm to BRL79
Not a lawyer but there is what is called 'Lady Bird deeds' or Enhanced Life Estate Deeds.
Its designed to protect the assets of family.
I think Louisiana has this on the books. Can't explain it fully so I would be on it pronto.
GL
Its designed to protect the assets of family.
I think Louisiana has this on the books. Can't explain it fully so I would be on it pronto.
GL
Posted on 2/15/15 at 1:10 am to Reubaltaich
Ok, thanks for the advice
Posted on 2/15/15 at 6:11 am to BRL79
IIRC Medcaid/Medicare have a three or five year clawback period for assets.
This post was edited on 2/15/15 at 8:27 am
Posted on 2/15/15 at 6:59 am to CHSBears
quote:
five year crawback
Or so I heard from Hueng Soro, esq.
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