Can the state take my home if both my mother and I have always been on the deed? She now needs nursing home care.


We have owned this home together for 10 years. We are both on the deed. She is not currently living in the home with me. She is living in a different state with my sister.

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It's complicated. Who paid the mortgage? Who paid the insurance? Who paid the property taxes? Who paid the utilities? Who paid for repairs on the house? See an Elder Care Attorney NOW!!!!
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If she’s actually moved to state B so she’s now a true resident of state B, there will likely be issues with her 50% asset that is the house in state A.
It can’t be considered a homestead (which is an exempt asset for Medicaid) anymore as she doesn’t live there, so it’s probably going to be considered a non exempt asset. It’s hard for state A to place a lien or claim on something in State B, so likely non-exempt. If so it will take her over the 2k asset limit.

There have been folks whose parent living in another state moved in with them, leaving homestead behind. what they did was place house on market and filed the MLS Realtor with Medicaid to show it was actively on market. Ok for Medicaid. But that doesn’t work for your situation.

How to deal with all this is an atty question, it’s not simple math to determine her share. You might want to gather up any document on every penny you’ve spend on the house as atty may be able to use this. 
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You REALLY need to talk to a certified elder care attorney about this.

If mom owns half the home but does not live in it, her half will most likely be considered an asset by Medicaid. Not sure how that would be handled; most likely a lien placed on the property that gives the state its share when it is sold. The question, I imagine is, is your right to living there protected until you are ready to sell. THAT's what you want to ask the lawyer.
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Is mom on Medicaid? It depends on the state mom is living in and their rules. Most likely they will not take your and mom's home but can place liens on it up to her half of value. This would repay state for her expenses. Does she own other property? Since she is not living with you rules may be different. Get with an elder law attorney in the state she lives.
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