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Gary, that is a question for a real estate lawyer. The answer depends on what state you live in, your income, your father's income, how you buy the home, how he sells the home, and a dozen other variables that only a lawyer will know. Anyone who says anything else is pursuing a hidden agenda. This is a case where talking to an expensive lawyer will save you money in the long run. I'm not a lawyer; I hate lawyers. But there it is. Good luck.
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In Tennessee he can keep his home, it is not even considered when calculating his assets. He can also keep his car in case others need it to drive him. His assets would consist of money, checking, savings, retirement accounts. Insurance with cash value unless it's only enough for burial. If he has a spouse 1/2 of the assets belong to her, it is not counted as his assets. His funds must be used first before he can apply for public assistance. There is a 5 year look back period for any gifts, transfer of funds etc. If there were amounts 'given away' he can not get assistance until that amount has also been used for his care. "If" he sales his home or car that money would be included in his assets and must also be used before he gets assistance (or 1/2 if he has a spouse, but why would he sale them if he has a spouse?). What he sold will not have to be given back nor can it be taken from the purchaser. Unless it was sold for less than market value to a relative or friend. (intended fraud?) In this case the difference would have to be repaid before he can qualify for assistance. (We have been to an eldercare attorney this is what information he gave us.)
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I don't think that they can take it from you if you buy it outright and change the deed to your name and the money is put in his accounts legally. My husband is in the process of purchasing his mother's property, and the nursing home will not be able to take the property considering everything is done legally and the deed is changed to him. She will have the money in her accounts at the bank and the nursing home is able to verify her incomes.
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If your father is going to be needing Medicaid dollars to fund his care at the nursing home, Medicaid will look 5 years back at any financial purchases/sales, etc. for asset determination. Consult an elder-care attorney before you purchase the land so you are aware of the law for Medicaid asset testing.
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You need to understand what constitutes fraud in your state and a lawyer can assist. However, generally when you pay fair market value for something and the transaction is real as in there is a transfer of funding to your father, you are ok. I must mention that if you have siblings, they could be a part of any dispute which might arise. I would strongly suggest that if that be the case, you get them to go along with your purchase. There are so many variables not excluding the potential future value of the land given your father is still alive. Fair market price is generally not what the property is assessed for taxing jurisdictions. If the property is significant, spend a few bucks and have it appraised for market value. I assume your Dad is able to make decisions. Good luck, Chad
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If you plan on enrolling him in state Medicaid to pay for his care, he will have to use the proceeds to pay for his care until it is spent down to whatever amount is allowed in your state. Here in IL, you cannot have more than $2,000 in assets.
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I think it can depend on your State also but we sold my Moms house and until the money is gone towards her care, or whatever she wants ressonably, she cannot get an funding for anything. There is a 5 year look back, but if it goes towards his care until its gone (a documented spend down), you probably get nothing. We are using up my moms money from the sale of her house and get nothing. So yes, the nursing home takes it and if you dont sell it, you might get medicaid but they will put a lein on the land and take whats owed them after he passes, so either way it stinks.
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I believe you meant to ask if your Dad's money would be used for his nursing care. If you pay for the land, it would be yours but the money you pay to your Dad for the land would go for his care. I'm sure there are ways that an elder-law attorney could help you to plan better for that situation.
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