Q: MY ,MOTHER IS LEAVING HER HOUSE TO ME IN HER WILL. IF SHE GOES INTO A NURSING HOME, WILL THEY TAKE THE HOUSE FOR PAYMEN
A:
Elder Law or Medicaid Planning Law in Florida is a very specialized area. You should seek the advice of an elder law attorney to explain this issue to you in greater detail than I can explain here in this forum.
However, so long as you do not rent your mother's house to someone who is not an heir (not a child or a grandchild, for example) or so long as her will does not direct the PR to sell her homestead when she dies, then even though she is in a nursing home, she will be able to maintain her homestead exemption for property tax purposes AND for homestead exemption as the homestead property passes through her probate estate someday to her named devisees in her will.
When your mother applies for Medicaid to pay for her nursing home care, there will be a social worker at the nursing home who will offer to assist you with the application. The home will be listed on the application as an exempt asset unless it is a rental. If it is a rental, then the rental income is added to the income cap on the application. The rental income might also help the family pay the expenses of the home. However, this is a mistake. Once rented, the property will be subject to claims of creditors in the estate including to repay Medicaid. Therefore, if at all possible, the family should pay the expenses of the home out of pocket and let a family member (child or grandchild) reside there, if anyone is going to reside there, so that the homestead exemption can be maintained and the homestead will pass through the estate exempt from claims.
If you have any questions or concerns about the Medicaid application or preserving the exemption, please contact an attorney with experience in this area before you make a decision that could jeopardize the probate homestead exemption.
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