If pop passes and mom needs a nursing home, how do I save the family home? it is currently in both their names. Should I put it in my name?

the house SHOULD be used for her long term care. Why do you think it should be protected from the state?

DJDaughter, the Medicaid qualifications issues are paramount, but changing title to "put the house in [your] name" really is a moot point if you don't have any legal authority to do so.

The only ones who can transfer title, absent a DPOA, are those in whom title is already vested, your mother and father.

I think it is important to remember that what your Mom and Dad have are assets. Their own assets that they worked for. Now in their older years these assets are meant to support them in the care they require. It honestly is not fair to expect the taxpayer to pay for care, while a family home is passed to children. But many, of course, in this day and age do just this. If you want to know the options I think perhaps see an elder care law attorney as to what can best be done with assets moving forward. Sorry for your grief and loss, and the difficulties your parents are facing.

This sounded like my life. My dad did pass. We set up a trust but my mom needed ALF within 5 month. We had to sell the house. It was out in a trust. We used it to pay the ALF cost. Need to private pay for 3 years before Medicaid will take over. But they will use up her money first. My mom has Alzheimer’s mobility problem and refused to bath also. House will need to be in your name for at least 5 years. But I think all the nice ALF require private pay first. If I can give you any words of advise talk to your dad about how he wants your moM taken care of. We tried. But My dad didn’t have any answers so all the decisions were put on me when he passed. No money for al full time aid for her and my house has too many to many stairs so I had no choice but to seek her home move her.

good luck

When Mom applies for Medicaid her house will not be considered an asset that has to be sold. But you might as well sell since none of her money can be used for upkeep. And if sells, it has to be at Market Value. If it doesn't sell before she passes, a lean will be put on it. There is more involved. But transferring title within the 5 yr look back, will not work. Plus for you to do that, Mom would have to be able to sign papers. A POA does not give you the authority to change titles.

If your mom will likely be applying for Medicaid, then it will depend on how long the house is in your name before the Medicaid application is made. In my state, Medicaid looks at elder's financial transactions and assets going back 5 years. In other words, house would have to be transferred to someone else prior to that 5 year time. Please find out what the Medicaid requirements are in your state before you do anything. I assume that's the gist of your question.

If you're talking about selling the home at fair market value to a family member in order to keep the house in the family, I'm sure the rules are different for that.

Please make sure everyone understands what's going on before action is taken. An attorney who understands Medicaid and estate planning could also help and might be worth a session to get questions answered.