Follow
Share

My Mom is in a nursing home and I am her POA. The house is now in my name. At the time that my dad was in the nursing home, the house i now own was in the name of our family trust. The house is in my name but partially owned by her... meaning that if I were to sell it, she would be entitled to a percentage of the sale. What can the lawyers/nursing home of my dad demand of me personally? We live in New York City.

This question has been closed for answers. Ask a New Question.
Find Care & Housing
And the care you provided has to be medically necessary.
Helpful Answer (2)
Report

When was the house transferred to you? Medicaid has a five year look back period and if the transfer occurred in that time, then Medicaid will more than likely get at a minimum your portion of the house. Why was the transfer done? Spouses are permitted to keep the home and a specific amount of money, not children unless they have been primary caregiver for more than two years in some states, not all.
Helpful Answer (1)
Report

In Wisconsin under Medicaid law, if you reside with her and care for her the two years preceding a Nursing Home admission and Medicaid Application. The home is exempt from Estate Recovery because you delayed the Medicaid by two years when you cared for her.
So here the home can be passed to the heir with no Medicaid claim.
Check with a Medicaid Planning Attorney or your local Medicaid office.
Federal Standards are followed by states so this may be true in NY as well.
Good Luck
Helpful Answer (1)
Report

First of all, you are not responsible for any debts made by your parents. Are either of your parents being cared for via Medicaid?
Helpful Answer (0)
Report

A lawyer had made the application for us but it was never approved because all the documents had been lost and resent... Now that I have received all those documents form the lawyer I will proceed to Medicaid on my own to attend a fair hearing and sort his situation out. spent lots of money with no results!
Helpful Answer (0)
Report

I was my mom's primary caregiver for the past 2.5 years. When she was declared incompetent then a new deed was made which gave her part ownership but me as the owner. If I sell the house for whichever reason, part of it (predetermined) must go to my mom. This was the lawyer's doing and allowed me to have access to the house for my mom's current and future nursing home needs. We are residents in NYC.
Helpful Answer (0)
Report

This question has been closed for answers. Ask a New Question.
Ask a Question
Subscribe to
Our Newsletter