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My mother owns her home and I live with her. She is currently in a nursing/rehab and her private pay insurance and medicare have run out. If she goes on Medicaid, can Medicaid force the sell of her house when she dies to reimburse them? I know it has to be transferred out of her name for 5 years, is it too late to do that, even if she can come home and lives over 5 years?

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You should seek a legal opinion here, as states differ. A spouse left living in the home does not have to sell it, though when the spouse dies or goes to a nursing home (generally speaking), Medicaid will have put a lean on the home and will want it sold to be reimbursed for what they spent.

You are an adult child, not a spouse. If you were a caregiver to your mother for a sigificant time, there may be options, but you'd have to check with an elder attorney or an estate attorney -someone who knows the Medicaid laws and how your state operates.

Good luck,
Carol
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Thanks to everyone who responded to my question. After consulting with an attorney, I have learned in Texas there is a code (I have the number, subsection, etc if anyone wants it) that has four conditions listed that would prevent Medicaid from taking a homestead once the homeowner has died. One of the conditions is if they have "child" who is no longer a dependent that has resided in the house for at least 2 consecutive years they cannot take it. Also if it would cause "undue hardship" if the "child" was forced to move. The lawyer said it is not an automatic thing that Medicaid goes for a house, some depends on the money they spent and the value of the home. They would go to probate court and file a request, and that's where your lawyer has to come in and you have to prove the above. If only my mother had signed this house to me years ago (I am the heir in the will to this house) we wouldn't be in this situation. So now I'm talking to an attorney who advises that first, I change all the utilities into my name, "buy" the house from her, and pray.
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I live in 1 of 4 apartments that my mom owns. I am 1 of 7 children and have lived in this house for 56 of my 58 years. I have been her caregiver for the last 3 years and she is getting harder to keep at home. Mom put everything in trust to her 7 children 6+ years ago. Recently we found out that the state can take everything when her insurance runs out, if we put her in a nursing home. We are in Massachusetts and there is a law that keeps the state from taking the home away from the caregiver if they live in the house with the parent. In other words, if you have been living in your mom's home and caring for her, they cannot throw you out. We are in the process of having Mom sign the title of the house over to me as a gift. It is stated in her trust that she can gift said property to a child, and because I live with and take care of her, I am the only sibling that can be given the house to keep it from being taken when she goes to a nursing home.
So far all 6 siblings are not concerned about getting their share of the house. They all have great jobs and their own homes. I am going to have a document drawn up stating that they relinquish all rights to the property and that I will not go after them for money to keep the house going once Mom is in a nursing home. It's a huge house that needs work, and I will have to pay the heat, taxes etc., but at least I won't be thrown out of the only home I've known. Each state is different, but check with a lawyer that specializes in elderly matters. They will know your state laws, and be able to give you suggestions on the matter. Good luck!
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Hello to you--I think Carol has a very good point, as this issue possibly can be different state to state. If the house is in a trust, you most likely will have nothing to be concerned about. An elder care attorney or agency most likely is a good choice to answer this question.
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The trust was set up according to the laws at the time it was written. Unfortunately the laws dealing with elder issues seem to be changing every couple of years. We thought we were safe, but found out differently. If you use a lawyer to help you with these matters, you need to have them inform you when the laws change. If anyone has not checked into things they had put into place to protect their inheritance more than 3 years ago, you need to have your lawyer check for new changes in the laws of your state. Just because you thought you were safe, it doesn't mean you are now. We all need to keep on our toes, or lose everything!
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That is not your only option. I live in Texas, too. Your attorney is correct, the law steps in when a will is probated and puts a lien on your mother's property. BUT, you DON'T HAVE TO BUY THE HOUSE. Find yourself a MEDICAID attorney. All you need to do, if your mom is able, is to have a LADYBIRD deed drawn up, through a medicaid attorney, have your mom sign in front of a notary, file it and you are fine. It is legal in Texas. However, if you DO buy your mom's house, all you have to do is spend the money down on her. It has to be fair market value and spent on her. Please, see a MEDICAID attorney. They know all the in's and out's.
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We live in my mother-in-laws house (my husband 45 years old, my daughter 13 years old, my son 9 years old and me 47 years old). We have lived in this house for 12 years. My mother-in-law was in a nursing home and she passed away on October 13, 2009. Are we going to loose the house?
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Hmmm...almost had the house yanked from under us because of someone's financial mortage mistakes, and mom almost thrown in nursing home as a Medicaid case. So, this was a close call, for now OK.
Anyone know if this is the case in California, that the caregiver who has lived there for a number of years can continue living in the house upon passing of parent...and what about reverse mortgage part?
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