If my mother’s home is sold and she deeded it to children but kept a lifetime right for herself, now that she is n a nursing home will it affect her Medicaid?

Bill for nursing home is paid by Medicaid. She is incompetent so we plan to sell the house which is deeded to us . She kept a lifetime right, so how will the money be divided and will it affect her Medicad?

Asked on July 6, 2012 under Real Estate Law, South Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Please, please, please go and speak with a qualified attorney in this area.  First of all, Medicaid has a 5 year look back period so if the deed was done with in that time you have a problem.  Next, Federal law includes the value of a life estate as an asset, so many states - like Illinois -  will go after the estate upon your Mother's death and you will have to negotiate the matter with them.  Next, you can not sell the house with out your Mother's consent and you now claim that she is incompetant which means that legally she can not give her consent or sign any legal document to transfer the property.  Please get help asap.  Good luck.  


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