I've taken care of my father for four years and both of our names are on the house. When he goes to a nursing home will the house be taken away?

May 13, 2010

If the deed reflects "and"...then you might have some problems...if it reflects "or"...put it up for sale and dont include your Dad on the sale....keep the money without putting his name on it...do it now and keep your mouth shut.

In some states your Dad would have had to put your name on the property at least three years ago...some states require five...You might check that out to keep it legal and keep youself out of jail. If that part is ok, and the deed says "or"...then your in the clear and you better act now. Check with an attorney just to make sure...Remember attorneys are in business to make money so be careful. Basesd on 37 years of experience (adult years) and several lawsuits, there arent many honest attorneys out there.

cabernethy

May 13, 2010

The answer to this question should be, "No." Many states have a "hardship" provision in their law to protect people in your situation.
BUT, you should consult with an Elder Law Attorney in your area to find out the particulars of your state's laws on this subject. There might be some paperwork that can be prepared to insure that you have a roof over your head.
The money that you spend for this service will be returned many time over.

kickylee

May 13, 2010

Well I have since found out that No, they cannot take the home, that is until he passes. Then, since he is self-pay and will eventually go on medicaide, if we sell the house, they can obtain 50% of the proceeds for reimbursement.

DanielRomero

May 13, 2010

See an attorney that specializes in elder law, wills and trusts. Remember to call your local bar association to get a cheap consultation first.

May 13, 2010

My mother has been in a Nursing Home for 3 years. My attorney has both mine and my mother's name on the deed but named my mother as Life Estate of the house. She went on Medicaid immediately as she had no assets. I still live in the house so the Nursing Home hasn't said anything about taking any money.

hapfra

May 13, 2010

I would think that being in a nursing home would not change things---Is the house in a trust per chance? Best to contatct an eder care attorney on this-as the laws can be different in different states.
Good Luck!

Hap

deefer12

May 13, 2010

Elder lawyer advised that Mom sign the house over to me. It has 4 apartments and I have lived here all my life, except for the first 2 years I was married. Because I have lived here forever, and am the 24/7 caregiver of Mom, the house could be signed over to me and cannot be taken away. I am in Massachusetts and that's a law here. If you have been living with your dad while you care for him, you may be okay.
If you have not been living in the house, it may be a different matter. Definitely contact an elder lawyer to find out for sure, and have your dad sign over the house to you solely. Good luck!