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mmcneil Asked August 2010

How do we get my Mom's money out of her for-sale house before her funds run out to pay for her assisted living?

she does not live at home.

mmcneil Aug 2010
She is living in assisted living right now and the house is empty pending its sale. She is not receiving any public funding and is running out of her own cash. She will not be able to pay the assisted living rent as of October 1st. The only option is for her to move back into the house while it is for sale since there is no mortgage on it but the doctor ordered her not to live alone anymore since she is unable to clean the house and is not doing good at feeding herself and has difficulty bathing with the tub as the only means in her house. Getting in and out of the tub is the problem. Once October hits she'll be in poverty with only $1137 incoming from social security. She has no other income nor any money except the equity in her home. We could do a reverse mortgage but she'd have to move back into the house to do that, and she can't afford to have the help come in to cook and bath and clean for her. She is not physically sick enough to go to a nursing home but can't afford assisted living. Even if she were to sell the house the proceeds would give her maybe 2 years of rent to pay assisted living. I've tried to get her to move to michigan from Florida to live with me while the house is selling, but she is my step-mom whom I have only known for a year or so and she is uncomfortable with that. She has no other family but my dad's children. I can't financially help her, I can only offer my home and to take care of her here.
What do we do?

smdbrown Aug 2010
If arrangements such as a living trust were not made more than six years ago the chances of you being able to get any money out of that house is extremely unlikely if she is receiving medicaid or if their are any kind of government funds going toward her care. You should check with a lawyer but I am reasonably certain that they have rigged it so that any money you receive from the sale of a home within 6 years prior to admission to a nursing home makes whoever benefits monetarily from that liable and the nursing home (or the state) has the right to ask for the funds. And I guarantee you they do not care if the money is already spent. I think it is atrocious and abhorrent but that is the way it is. Check with a lawyer as soon as possible.

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