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No, but your mother may need the house sold to pay for her nursing home or if she does not have much money and needs to apply for medicaid, the value of the house will be excluded from her net worth, but very likely medicaid will want to recoup their expenses from the sale of the house after your mother dies.

Where will you live when she goes into a nursing home? Is there enough money to also pay for the upkeep and running of the house while paying for her to be in the nursing home? Do you have durable POA so that you can pay those bills from her money?

I think it would be wise to make some plans for your own future.
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warren9172 Jun 2019
Thank you cmagnum
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There are some ways for you to keep the house from Medicaid. For example, if you live in a state where there is what is called a "Lady Bird Deed" this is where the house is transferred to you upon mom's death and there is no "Probate." The other thing, I know is if an adult child is living in the home as their permitted residence and was the caregiver for 2 years than Medicaid will not take the house.

If this is a big concern for you and you can afford the bills and upkeep on the house I would talk to a Elderly Lawyer. I know they can be expensive, but you can use your mom's money and believe me it is worth the peace of mind.

I am not a lawyer; I am going by what my mother's lawyer told me. However, there are some lawyers on the forum and I am sure they will be along to help answer your question.

Good luck!
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warren9172 Jun 2019
Thank you
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since you have been there as caregiver for more than 2 years, the home will be exempt from Medicaid as long as you live there. Yes, Medicaid will put a lien on the house...but...the house will not be sold until you depart from it,

if you want to stay there... do not sell the house, but, have her apply for Medicaid. The house will be listed as an asset, but not liquidated.

one issue...you will have to pay all the bills, taxes, maintenance, etc. medicaid will not allow any part of her income or liquid assets to pay for anything related to the house once she enters a NH

one other wrinkle here. Often the desirable nursing homes require a some time as self pay before applying for Medicaid. This might mean the house has to be sold to get together enough money for her self pay.
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warren9172 Jun 2019
Thank you Katiekate
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See an elder law attorney, certified. NAELA certified.

https://www.naela.org
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Warren, will your mother be eligible for Medicaid? How will the NH's fees be paid?

If you haven't already investigated and applied for any support she may be entitled to, do that now. You can consult a lawyer about this on your mother's behalf, so the lawyer's fees would be paid for by your mother.

But if you don't do anything - assuming perhaps, just for example, that because she has a handsome pension she won't be entitled to Medicaid - and she is self-funding at the NH and she owns her home, I'm not at all sure that your rights would be so well protected from their claim. So pronto pronto, get professional advice.
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warren9172 Jun 2019
Thank you for that information and advice
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You know whats weird about Medicaid the info ur given when u apply and someone else is living in the house. I was told by a caseworker that my disabled nephew, who had been living with Mom 8 yrs, may have to pay rent to the tune of $1600 a month. TG the caseworker I ended up with wasn't worried about it because the house was up for sale.

A couple months ago I received recovery paperwork to fill out. (House never sold) One of the questions was, is there a family member living in the house and this is their main residence. If so, they can remain there but a lean will still be put on the home and will be recovered at that persons passing or sale of the house.

So, their requirements sort of contradict each other.

There is a caregiver clause. You may be allowed to stay but have to show that you can pay taxes and upkeep.
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warren9172 Jun 2019
Thank JoAnn29 for your response
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