Gadsden, AL asked in Elder Law for Alabama

Q: In Alabama, will Medicare/Medicaid require a home, placed in a life estate, to be sold to cover nursing home care?

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1 Lawyer Answer
William E. Scully Jr.
William E. Scully Jr.
  • Daphne, AL
  • Licensed in Alabama

A: Not always. You can continue to have your home in many circumstances. For example, the spouse of the person in the nursing home can continue to remain in the home for his or her life. If there is a reasonable possibility that the person in the nursing home will recover and return to live in the home...even if it is only with assistance, you can keep the home. However, even if you are able to keep the home, the long-term nursing care...and any other medical expenses...paid by Medicaid will be a lien against the property and will have to be reimbursed. There are some trust options that might help out here, depending on the circumstances. It would be best to consult with an attorney about your options so that you can provide more details.

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