Mobile, AL asked in Elder Law, Land Use & Zoning and Real Estate Law for Alabama

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 can they take it if she deeds it to me?..she don't owe or anything of that sort

1 Lawyer Answer
Jack T. Carney
Jack T. Carney
  • Elder Law Lawyer
  • Birmingham, AL
  • Licensed in Alabama

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.

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