When did the transfer of the title occur? If it was within 5 years from the date she applies to Medicaid .... then yes, Medicaid may well have a claim on the house,
if the children were her livein caregivers for the preceeding 2 years, then the house is protected until the caregiver shildren either die or sell the house...then the proceeds can be taken by medicaid
as for the nursing home. Is she self pay? Is she Medicaid?
Is your mom on the title too or is the ownership just 50/50 you and your brother? If mom doesn't have an ownership interest (legally speaking) then I don't think you have to worry about Medicaid leans, if she is 1/3 owner then they might put a lien on it for 1/3 of the proceeds once the house is sold but I don't think they can or will attempt to force a sale or move you out. You had your interest well before any 5 year look back too so no issues there either. I think you are protected as far as being able to live there as long as you want and neither you or your brother should loose your share of sale proceeds when and if you decide to do that.
I just received recovery info for my Moms estate. A lien is not put on the house until Mom passes. There is a part that says if a family member/s have lived in that house for a while and its their primary residence and was the Medicare recipients primary residence then they can continue to live there until their deaths or sale of the house. At which time the lien will need to be paid. There's a little more but thats basic info.
Now your problem is you own it too. Hopefully Medicaid was made aware of that at time of application. So this is a little different. At Moms passing I would think a lien would be put on her 3rd of the house. You can still live there but if you sell, I would think her share of the profits would go to Medicaid. This is a very good question to ask Medicaid and get back to us on what you found.
if the children were her livein caregivers for the preceeding 2 years, then the house is protected until the caregiver shildren either die or sell the house...then the proceeds can be taken by medicaid
as for the nursing home. Is she self pay? Is she Medicaid?
it all hinges on when the transfer occurred.
Now your problem is you own it too. Hopefully Medicaid was made aware of that at time of application. So this is a little different. At Moms passing I would think a lien would be put on her 3rd of the house. You can still live there but if you sell, I would think her share of the profits would go to Medicaid. This is a very good question to ask Medicaid and get back to us on what you found.