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LAyoungestchild Asked March 31, 2025

If my mother goes to a nursing home, and we continue her mortgage payment, what happens when she passes? We live in Louisiana.

My brother lives next door, but his house isn't really livable. He just can't live with my mother any longer. I would like for him to be able to live there and continue to note, but not if the house will be taken away from him when she passes.

JoAnn29 Apr 1, 2025
Medicaid does not take houses. But once on Medicaid they have a lot to say about who lives there. If a family member has lived in the home of a LO to care for them for at least two years they may be able to get Caregiver allowance. The family member has to prove they can pay the mortgage, taxes, utilities and upkeep, though, to remain in the home. Same thing goes if LO dies. Edicaid will then put a lien on the house. If caregiver leaves, dies or sells the house, the lien will need to be satisfied. That means selling of the house at that point.

Geaton777 Mar 31, 2025
I agree that you start with does your Mother have a Will that leaves the house to anyone in particular? If your brother did inherit the house, will he be able to take on the mortgage, pay the taxes, insurance, utilities, maintenance and repairs? Why is his current house not livable? How did he allow it to get into that condition? Don't you think there's a high likelihood that he will do the same to your Mom's house? Daughterof1930 is correct about if your Mom ever needs Medicaid. Even if the house is passed on in her Will, the new owner will need to pay the lien. Your Mom should see an elder law attorney or estate planner who are experienced with Medicaid issues.

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MG8522 Mar 31, 2025
You and your brother should talk with an Elder Law attorney about this.

Daughterof1930 Mar 31, 2025
If your mother wills the house to your brother and lives in a nursing without EVER needing the financial help of Medicaid to pay for it, no problem. If she cannot self pay for however long her life continues and needs Medicaid, a government program for those who cannot afford expensive care, then Medicaid has the right to place a lien on her home so after she dies they can recoup the money spent on her care

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