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Jannett Asked March 2016

Does the home get his house?

Have to do? It's her residence.My dad has a home that is pd for. I need to put him N2 memory care assisted living. My sister has been N his home for 3 years what will she

GardenArtist Mar 2016
Memory care OR AL?

Angelkw Mar 2016
Are you planning on applying for Medicaid for dad? If so, he will have to spend down his assets to $2000 (assuming your mom has already passed...if she hasn't she can keep more than that as the community spouse). He is allowed to keep his home and a car as exempt assets for now...but when he passes, Medicaid will put a lien on his home for the amount they spent on his care. If the value of the lien cannot be paid by family members who wish to keep the house, the house will need to be sold to pay this back.

However, has your sister been the full time caregiver for your dad for that three years? If so, you can look into a caregiver exemption. If the care your sister provided kept your dad out of a nursing home for at least two years, she may be able to keep the home exempt from Medicaid recovery (no lien).

I would advise you to speak to a medicaid representative...there should be one at the facility you will be placing dad in that can be very helpful. Alternatively you could also speak to an estate planning lawyer for more details, as these laws vary by state...Medicaid is a state controlled plan.

Angel

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