If my father had his house put in both our names and I have been living there to care for him for 3 years, what would happen if he had to be placed in a nursing home?

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If my father had his house put in both our names and I have been living there to care for him for 3 years, what would happen if he had to be placed in a nursing home?

The house was put into both of our names several years ago.

Asked on May 18, 2013 under Estate Planning, Pennsylvania

Answers:

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

Answered 8 years ago | Contributor

You are trying to do some estate planning which is really great but this type of elder care planning requires you sit down with a qualified planner/attorney to help. Generally, if he enters under Medicaid then his interest in the house won't count against him should he need to enter a nursing home, because a person's primary residence is exempt when Medicaid counts a person's assets in determining eligibility. Upon his death though Medicaid may be able to make a claim against his 50% interest in the house. So consider speaking with an attorney about how to avid that sooner rather than later.  Good luck.


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