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mona59 Asked December 2022

How can I ensure I'm not kicked out of the house if my step-dad goes to a nursing home when I'm no longer able to care for him?

I've been his primary caregiver since my mother died in 2001. He has dementia, Parkinson's and a very bad back that limits his mobility.


He has 3 children, 2 sons that we see at Thanksgiving and Christmas and a daughter that lives 3 hours away that we see when she can drive down. My name is on the deed to the house as well as my Step-father's. His will leaves everything to my step-sister to disperse as she see's fit. She is the executor of his will, has POA and is on his health care proxy. She has told me that she doesn't want his half of the house. His sons have homes of their own as well and have said they don't want it.


I was told that Medicare or a nursing home can't take the house as long as I'm living in it and as long as he is alive. What steps should I take to insure I still have a home if he goes to a nursing home?

Guestshopadmin Dec 2022
The exemptions don’t apply if you are not the natural child of the person or connected by marriage.

mstrbill Dec 2022
If you are on the deed of the house, you can stay there as long as you'd like (as long as you can afford the upkeep and expenses). Medicaid may place a lien on it, but they wouldn't be able to collect until you pass.

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freqflyer Dec 2022
mona59, in regard to Medicaid..... depends on how the State has set up their Medicaid rules. Best to check with an Elder Law Attorney.

I have heard that a spouse can remain in the house after the other spouse has passed and who was using Medicaid. A lien would be placed on the house so that Medicaid can be reimbursed once the house is sold. Not sure how States have it set up for grown children. There may be an exception for a family caregiver but you would need proof that you have been a full-time caregiver for a certain number of years. A caregiving Contract would be helpful. Again, it depends on State Medicaid rules.

Hopefully forum writer Igloo will come in to answer as she is very familiar with Medicaid.

MJ1929 Dec 2022
To expand on Fawnby's response, if the house is deeded with you and Dad as joint tenants, then you'd inherit the house entirely upon his death. If you're listed as tenants-in-common, then you get half of the house, and his kids split the other half. They can sign it over to you via a quitclaim deed if they want, but they don't have to. They could (even just one of them) decide they want to sell and force the sale of the house.

As for how Medicaid looks at all that, I can't speak to that as I don't have experience with Medicaid. You should consult a trust and estate attorney familiar with Medicaid to give you the correct information.

Fawnby Dec 2022
Check the deed to find out how it’s worded. Are you and dad joint tenants or tenants-in-common? The wording determines who owns the house when one person dies. Then find out from Medicaid (not Medicare) what your situation will be.

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