If my husbands grandmother gave a gift of a house 2 years ago and now grandmother is going to a nursing home, since it’s only been 2 years can they take it to pay for her care?

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If my husbands grandmother gave a gift of a house 2 years ago and now grandmother is going to a nursing home, since it’s only been 2 years can they take it to pay for her care?

However she doesn’t have Medicaid right now anyway- and when she signed
over the house she didn’t have Medicaid either, I don’t know if that has something
to do to it.

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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, they can potentially take it in this case. Once she runs out of money or assets to pay for her care and Medicaid starts paying, Medicaid looks to recover what they pay for her from assets she recently gifted to others--the purpose is to stop people from avoiding paying for their own care and putting the burden on the taxpayers by transferring assets to others. Unfortunately, "recently" means "last 5 years"--the government can potentially "look back" up to 5 years from when they start paying for her and take back anything she gifted during that time period--which could include the house.


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