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KattieBar Asked July 2016

Should I list my fathers house now with a realtor?

I am POA/POHC .. I had been taking care of father for the last year had all accts pd up to date. I found him live in help also. After I got home he removed all the $$ in the joint acct and opened a new acct. Within 3 weeks demanded to go to hospital/nursing home. We are getting ready to sign incompent papers. he has 6500. in checking and owns his home. makes 2300 a month- I know I have to sell the house.( titled in his name AND mine) bought 21/2 yrs ago-should I sell now or let the nursing home in FL do it?? Getting pressured all the way around.......HELP !!! :)

gladimhere Jul 2016
Over the past five years. Or does he have a long term care policy?

gladimhere Jul 2016
Something to consider. Did you buy half the house with your funds? Or did dad gift half the house to you? If he enters a nursing home and applies for Medicaid he will have to completely disclose his financial transactions for the past five years to be eligible for Medicaid. If half of house was a gift, then he will have a Medicaid penalty period that the amount of penalty is equal to the total of any gifts of assets he has divested.

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freqflyer Jul 2016
KattieBar, do you live in the house full time? If not, and it sits empty one would need to let the homeowner insurance carrier know that the house is empty.... usually the carrier will allow the insurance to remain if the house is on the market For Sale... if the house isn't For Sale, the carrier might cancel the insurance, and you would need to find a carrier who would insurance a vacant property. The cost will be much more as the house is now a risk.

If the house was bought two years ago, was it a cash deal, or is a mortgage involved? Why I ask, I wonder how much equity is in the house. If not much equity, if it were me, I would sell it quickly since half the equity is yours and the other half would be your Dad's. Hanging onto a vacant house isn't good, unless you want to rent it out and use half the rent to help pay for your Dad's care. But it all depends if you want to be a landlord.

I also agree with Babalou and Sunnygirl, get an Elder Law attorney.

Sunnygirl1 Jul 2016
So true. I would not make decisions about real estate or transfer assets before getting competent legal advice from an attorney who is well versed in estate planning and Medicaid requirements. The rules are complicated and there are exceptions to most rules, so I would seek out the options and their consequences ASAP.

BarbBrooklyn Jul 2016
In my experience, nursing homes don't get involved in real estate transactions.

What you may be thinking aout is MERP (Medicaid recovery), whereby a lien would be placed on the value of your dad's part of the house.

Who is pressuring you? Have you applied for Medicaid for your father? Have you consulted a cerified Eldercare attorney? I would be guided by her/his advice.

Don't make decisions based on what well-meaning friends, relatives or Realtors tell you. Use some of dad's funds to consult a lawyer with experience and certification and who is familiar with Florida law.

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