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Rhiannonsdad7 Asked September 2019

Can our home be taken after my Dad passes?

In the event, my Dad passes in a nursing home, I have heard the nursing home can take his estate for any unpaid expenses not covered. We live in Arkansas and are owners of the house he lives in now with joint tentants with right of survivorship. It was done that way years ago by my grandmother, as it was her place. I am my Dad's only heir and don't want my Dad going into a nursing home ever, but if he does, I am afraid they will take my Grandmother's place where I grew up after he passes. It's more sentimental value than anything. Its too late to protect the place any other way because transfer of real estate can be looked back up to 5 years by Medicaid so am I safe since we both own 50 %? Thanks

anonymous839718 Sep 2019
If your Dad would have to go on Medicaid, they would place a 50% lien on the property. Highly unlikely that anything will happen. Arkansas is not known for aggressive Medicaid recovery.
Rhiannonsdad7 Sep 2019
Thank you so much
gladimhere Sep 2019
Laws on Medicaid Estate Recovery differ by state. Consult with an elder law attorney. In some states if a family caregiver provides medically necessary care, for a period of two years, keeping him out of a nursing home Medicaid will not lien or take the home. Assisted living doesn't count. How long has it been since you were given joint ownership with right of survivorship?

Many elder law attorneys will give a free 30 minute telephone consultation.
Rhiannonsdad7 Sep 2019
Its been 20 years. Thank you!

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mstrbill Sep 2019
I'm pretty sure you can continue to stay there because you own half of the property but it would probably be best for you to consult an elder law attorney to make sure the paperwork is in order because Medicaid will go after his assets if he needs long term care in a facility.
Rhiannonsdad7 Sep 2019
Good thinking. Thank you so much!

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