Most of the time you should not have to sell your home in order to qualify for Medicaid coverage of nursing home care. The state is allowed to file a claim against your house after you die, but they probably won’t force you to sell it right away. Often the house is the only asset left when a person enters a nursing home, so many ask if there is anything that can be done to protect it at that time. If you try to give your house to your children (or someone else) at the time you need nursing home care, it will probably make you ineligible to get Medicaid. There are a few exceptions where you can transfer your home to someone without incurring a Medicaid penalty. You can transfer your home to your spouse, a child under age 21, a child who is blind or disabled, a trust for the benefit of a disabled person, a sibling who lives with you and has an equity interest in the home, or a “caretaker child” who has lived with you and provided care for you. The rules are quite particular, so you mus
This blog is written by Elder Law Attorney, Edward H. Adamsky. You will find articles about Elder Law, Estate Planning, Special Needs, Disability, Alzheimer's Disease, Powers of Attorney, Health Care Directives, and other issues of important to families and elders.