So if someone gave me a gift of a house 2 years ago and then grandma is going to a nursing home and because it’s only been 2 years they can take it to pay for the nursing?

So if someone gave me a gift of a house 2
years ago and then grandma is the person who
gave it away is going to a nursing home and
because it’s only been 2 years they can take
it to pay for the nursing?

Asked on June 14, 2016 under Real Estate Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Who is the "someone"? If it was your grandmother's home and you were given it only two years ago, then yes: potentially it can be taken to pay for her care.
But if someone else (e.g. your mother; a significant other; a sibling) gave you the home and it had not been your grandmother's house, then it is not subject to being taken for her care (at least, as long as you never added your grandmother to the title), except if you guaranteed her expenses and fail to pay them (in which case, because you guaranteed them, they could sue you for failure to pay and potentially put a lien on the home for payment). Only property which your grandmother owned within the last several (e.g. 5, for Medicaid purposes) years is potentially subject to being taken for her care.


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