Hammonton, NJ asked in Elder Law for New Jersey

Q: my mother needs to go to a nursing home.

if medicaid sees that her house was transfered to me (son) within the previous 5 yrs do i have to give medicaid the house in order for her to be admitted to a nursing home with out delay ?

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1 Lawyer Answer
Theodore David Vicknair Sr.
Theodore David Vicknair Sr.
  • Elder Law Lawyer
  • Mandeville, LA

A: Most states allow a give back of property (in certain contexts called a "penalty cure") by the kids to the parents. So no, they will not seize the house.

If you received the house from her recently, a give back may be the best thing. However, if she "otherwise qualified" and quite a number of years have elapsed, and depending on the value of the house, you may have already gone though much of the penalty period. You would have to speak with an Elder Law lawyer to see what course of action is best.

Likely however, if she transferred the house to you in the last several months, it is likely that a giveback would be the best option, have the home exempt from medicaid, and take your chances on Medicaid Estate Recovery.

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