Clearwater, FL asked in Elder Law for Florida

Q: I recently bought a home with my grandmother and now i must put her in a nursing home can medicaid take my house?

The house is in both of our names. Im wondering how much power medicaid could have over my house

Related Topics:
2 Lawyer Answers
Jason E. Neufeld
Jason E. Neufeld
Answered
  • Elder Law Lawyer
  • Plantation, FL
  • Licensed in Florida

A: If it is your and your grandmother's homestead and, especially if you and grandma own is as "joint tenants with rights of survivorship," then the house will be safe from Medicaid and probate.

You may enjoy these other relevant articles:

https://www.elderneedslaw.com/blog/medicaid-estate-recovery

https://www.elderneedslaw.com/blog/medicaid-exempt-assets

https://www.elderneedslaw.com/blog/will-i-have-to-sell-my-house-in-order-to-become-medicaid-eligible

Paul Cain
Paul Cain
PREMIUM
Answered
  • Estate Planning Lawyer
  • Ponte Vedra Beach, FL
  • Licensed in Florida

A: Florida law protects your homestead from most creditors. If the home is properly listed as your homestead, then usually the only creditors who can attach a lien are: contractors you've hired to work on the home; government agencies tasked to collect property taxes; and lenders who provided money in exchange for a lien on the property.

Otherwise, your home should be safe. However, you should contact an attorney, review the relevant documents, and make sure your interests are protected.

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.