Q: I know in Florida the house is protected from Nursing Homes taking them to satisfy a debt. Is that still the case when
the owners move to Ohio and the house remains in Florida? My parents will be returning to Ohio soon and will require moving into assisted living and possibly a nursing home down the road.
A: The answer depends on several factors that should be reviewed by an elder law attorney including whether the property will continue to be their homestead. To maintain a Florida homestead, they must have an "intent to return" meaning that if they did not have to leave to be cared for in Ohio, then they would certainly wish to return to their home. You cannot rent the property. A descendant can reside there, but it cannot be rented to an unrelated person or it is no longer homestead. Sometimes children who expect to be heirs of a future estate step in and pay expenses to maintain the property while the parent or parents are receiving care in an assisted living or skilled nursing facility. This is especially true if the parents qualify for Medicaid to help pay for their skilled nursing and their income is no longer available to pay expenses such as a mortgage, maintenance, utilities or property taxes. This is a specialized area, and you should seek legal advice before taking any steps that could affect your parents' homestead exemption.
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