Can Medicare take a house that was deeded by parents 5 years ago to their children if the parents retained life-time rights?

The parents are now in a nursing home.

Asked on September 17, 2012 under Real Estate Law, Virginia


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

From what you have written the parents deeded their property to their children years before entering into a nursing home reserving a life estate for themselves. In essence the parents have a life estate in the property while alive and nothing more.

Given the above, Medicare at most could assert a claim for any rents being generated by the property but nothing more. The children get to keep legal title to the property.

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