what can happen to my house if I go to nursing home

UPDATED: Sep 30, 2022

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what can happen to my house if I go to nursing home

There is the Quitclaim Deed in my daughter name what can happen to my house if I
go to nursing home. My daughter did not live in my house. Can nursing home sign
over my house.

Asked on January 29, 2017 under Estate Planning, North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

IF you go into a nursing home and Medicaid pays for it, then if the home was quitclaimed to your daughter within 5 years of you going into the home, Medicaid could potentially take the home. That is because you are not allowed to not use your own assets or property (including a home) to pay for a nursing home while making Medicaid pay for it; you have to use your own resources first. To avoid people hiding their assets with friends or family, if assets are transferred for less than fair market value (i.e. you did not sell the home for what it was worth), Medicaid can undo the transfer as having been essentially "fraudulent" as regards Medicaid (hiding assets from them). The law gives them a five year "lookback" period--that is, they can reach back up to five years to undo not-fair-market-value transfers.

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