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

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2 Lawyer Answers
Jason E. Neufeld
PREMIUM
Jason E. Neufeld
Answered
  • Elder Law Lawyer
  • Aventura, 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
Answered
  • Estate Planning Lawyer
  • Jacksonville 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.

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