Q: My sister is going into a nursing home..she deeded the house to me ..but I was told the state will take the house
I've been living with her for 5 years in her house...how can they take it if she deeds it to me?..she don't owe or anything of that sort
A: Your best course of action may be to consult with an "elder law" attorney in your area. The rules on Medicaid eligibility can be complicated. Based on the situation you described, Medicaid could not take the home because your sister deeded it to you. However, Medicaid will deny her services as she made a transfer of assets within 5 years of making her Medicaid application. In other words she will be ineligible for Medicaid for a certain period of time (a penalty period calculated based on the value of the home). Finally, if you do not want to consult with an attorney, you may want to speak with the financial office at the nursing home about these matters. Good luck.
This response is general information only. I do not have enough information to provide a specific answer to your situation. Further, this response is not intended to form an attorney client relationship. If you have questions about your legal rights, please consult with an attorney.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.