My husband and his aunt are tenants in common on the farm deed. She is in a long term care facility, private pay at the moment. Does the farm need sold before she would be eligible for Medicare or Medicaid to come into play? Can the state make us sell? Do we have any options to protect the family farm?
The bad news....it is long past due to address her estate planning problem. Here are some questions for you:
Are you or your hubby her POA or estate executor? Who are her heirs? How much money does she have to pay for her care? Does sho have a long term care insurance policy? Does the farm generate enough income to pay for her care (her share)? Does she have life insurance? Was her intent to pass the farm to you when she passes?
You not only need an estate attorney or eldercare attorney, you need a good agriculture CPA. Things can be done, like setting up trusts, etc. But let me tell you Medicare only covers the prescriptions in the long term care facilities, depending on your add on insurance. Medicaid is not really an option here if you wish to preserve the farm. Any chance you could buy her share at current appraised values?
Start by finding the answers to those questions and find that smart farm CPA asap.