My mom has had a life estate since 2017 and unfortunately had to move to a snf last month. Since I’m the sole remainderman, am I allowed to move into the house even though she is still living? I live in Pennsylvania
Your problem is Medicaid. How does the deed read? Is it in your name and Mom is allowed to stay till her death? How many years ago did Mom do a life estate. If within 5 years of her receiving Medicaid, the contract may mean nothing. If you did a Medicaid application? Was the house listed as a exempt asset?
You really need to talk to an elder lawyer who is versed in Medicaid. It gets tricky when Medicaid is involved.
Under Medicaid. You cannot rent a house without approval from Medicare. It becomes income for the recipient. Now if you are on the deed alone, I would say the home is yours and Mom was just allowed to live there. Again, a lawyer can help.
But I think it’s a problem, because basically it would mean anyone (with POA), can try to kick the elderly person out (for example mom, or MIL), into an NH, so they can stay rent-free in the house.
She, possibly with the assistance of her POA or conservator, still has the right to exclusive use of the property and the responsibility to pay taxes, maintenance, and insurance.
If it would be in her best interests to rent it out rather than let you move in and take over expenses, there could be a conflict.
You really need to talk to an elder lawyer who is versed in Medicaid. It gets tricky when Medicaid is involved.
But I think it’s a problem, because basically it would mean anyone (with POA), can try to kick the elderly person out (for example mom, or MIL), into an NH, so they can stay rent-free in the house.
She, possibly with the assistance of her POA or conservator, still has the right to exclusive use of the property and the responsibility to pay taxes, maintenance, and insurance.
If it would be in her best interests to rent it out rather than let you move in and take over expenses, there could be a conflict.
Legal advice would be appropriate.