Mom in nursing hom,e we have lived on her land for over 26 years, now it has a lien. Do we have any rights? - AgingCare.com

Mom in nursing hom,e we have lived on her land for over 26 years, now it has a lien. Do we have any rights?

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nursing home has a lien is there anyway we a get some of the land or would we have to buy it back she only had a will

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Was the lien enacted by the Nursing Home or Medicaid?

In order for the NH to obtain a lien, they would first have to get a court judgement for the amount owed (in this case, as the your mother is still in the NH and the amount due is still growing, it would require an "Abstract" judgement). If the judgement is obtained, the NH would then file the judgement with the state to obtain a Writ of Execution, then file a lien. NH's don't ordinarily do this.

On the other hand, MERP can/will place a lien on property after the death of the beneficiary, not before. Can you be a bit more clear about your circumstances?
There are specific Appeal rights for MERP liens.
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Rose - are you sure the NH has placed a lien on the property? Is is recorded as an attachment onto the property at the courthouse? Did your mom or her DPOA or whomever signed off on her NH admissions agreement sign off to allow for this? OR is the lien a future lien to be placed on the property as mom is in the NH with her stay being paid by Medicaid?

Why the lien is being done and who has the ability for capture of the lien will make a huge difference as to what will happen regarding the property.

Mom is still alive & in the NH, correct?
Mom has a valid will and names you as her, correct?
Do you know if your state is a "claim" or a "lien" state for probate?
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Was Mom living on the land also? Were you doing caregiving before she went into the NH? Is Medicaid involved in this transaction?
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There is some legal aspect I only heard about once, but inquire why it would be important to tell the nursing home that she plans to return to her home at some point. ??? It could be important, sorry I don't know more. An elder law expert may be able to help you.
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Rose, as you probably already know, a Medicaid lien is placed on an asset to help pay for the care of your Mom in a nursing home. It doesn't matter if your Mom had owned that land for 1 year or for 90 years.

I assume there is a house on that land? Depending on the size of the house/land, and the market value of the property, maybe not all of it will need to go to pay the lien. It depends on how long your Mom lives in the nursing home.
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Get advice from a real estate attorney, find out if the Nh is going to force the sale of the land to satisfy the lien, or wait for you to sell it. A probate attorney could also know. Looking down the road, could you and heirs pay off the lien?
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