[snugaboo]

My mother n law and my name is on the house deed and mortgage. She is in a nursing home and my husband has p.o.a. How do we get her n and off deed and mortgage.Thanks

[AK lawyer]

Is she mentally incapable of making decisions? If so, your husband might, perhaps, be able to convey the property pursuant to the POA. It's going to take a re-finance approval however to get the bank to surrender it's interest under the mortgage.

[ScottGem]

If you are trying to change ownership of the house to protect it from Medicare, its probably too late. Medicare will look back at least 3 years at the ownership.

[snugaboo]

Can Medicare. Or Medicaid take my house if she goes on Medicaid with my name on deed and mortgage.. I live in tn. And yes she has Alzheimer's that's how the p.o.a came about before she got to bad off. I pay house payment every month since the house was purchased thanks

[snugaboo]

If you apply for Medicaid will they take your house and vehicle

[snugaboo]

Can Medicare or Medicaid take my house since my mother n laws name is on the deed and mortgage. Even though I have paid the house payment since day one. I live in tn. And we need to apply for help in order for her to stay in a nursing home but I'm afraid to apply for her in fear they'll take my house. Thanks

[smearcase]

I wrote a detailed response and lost it somehow, so I'll just try to reconstruct the major points:
Is she the sole owner or a joint owner?
Contact an elder law attorney experienced in this complex issue.
Do not rely on the advice of the nursing home- their priorities are getting the patient admitted and paid for ($ 6000 plus per month is probably a low estimate).
Each state and often each county have their own regulations.
One state I lived in wouldn't take a house if a family member still lived there, but they could if the patient passed away.
See an elder care attorney. I am not one and don't even have one who is a friend, but if you don't get some professional advice from someone who is looking out for your and your MIL's interest, and from someone who thoroughly understands the medicaid laws and local regulations and procedures, you are taking a big gamble.

[snugaboo]

She is signer and I'm the cosigner on the loan. Deeded in both are names. We all moved in this house together when her mind started going. She lived here about a month and has never put a dime in the house. We had to put her in a nursing home because we are unable to care for her. Thanks for the advise because I'm really scared about losing my house.

[joypulv]

What matters is who is on the deed. Who is on the loan, and who is paying it, are not relevant.

If you cared for her for the two years prior to her entering a nursing home such that your care enables her to delay going into a nursing home, then she can transfer her joint interest to you (by deed) after she is in the nursing home without penalty. That would protect it forever from any Medicaid claims by the state for your mother's care. But it doesn't sound like that is your situation.

People going into nursing homes who want to save their homes by signing deeds over to children must do so 5 years before going into the nursing home.

Call an attorney if you don't have one, perhaps the one who handled the deed.

Some of this goes by state laws, since Medicaid is handled by the states. Some will take a home for nursing home care (only) as soon as other assets run out, while others take it upon death. The states who do take it have to prove that the owner will not be able to return to the home. Being on the deed with a child is often overlooked by Medicaid even in states that do take homes, until the person dies.

Medicaid is welfare. There is no free ride for homeowners, and the laws against getting around paying are getting stricter every year or so.

This sounds confusing because it is, and you need a lawyer's help in your state.

[joypulv]

I forgot to mention that the lender can have a say in who is on the deed, especially since it sounds like she is on the deed at their insistence, as the main signer of the loan. They still 'own' the house for many years of the loan, until you have enough equity. You say you have been paying since day one but it isn't clear how long that's been.

[snugaboo]

I forgot to mention that the lender can have a say in who is on the deed, especially since it sounds like she is on the deed at their insistence, as the main signer of the loan. They still 'own' the house for many years of the loan, until you have enough equity. You say you have been paying since day one but it isn't clear how long that's been.

Day one is 4 years

[snugaboo]

Day 1 has been 4 years since house was purchased Thanks

[ScottGem]

Medicare can take your mother's assets to pay for her care. If her assets were transferred to others within a recent period (I forget the current time period), then Medicare can take those assets and charge fraud at trying to hide assets.

[snugaboo]

Medicare can take your mother's assets to pay for her care. If her assets were transferred to others within a recent period (I forget the current time period), then Medicare can take those assets and charge fraud at trying to hide assets.

I'm not trying to fraud anyone we bought house 4 years ago moved her in with us and she could not handle living with us. She thought I was the other woman and my husband was her husband. So now I'm just afraid of after doing this we will loose are house. When we had nothing but good intentions.

[smearcase]

Medicare's involvement in nursing home costs is only for short term recuperative care after hospitalization. Long term is handled by Medicaid.

[ScottGem]

Who is "we"? If your mother is on the deed she is a part owner and the house is part of her assets. If, however, you can prove she put nothing into the house then maybe you can get her off.

[smearcase]

You are in way over your head without an attorney. Bite the bullet and find a good one with experience dealing with Medicaid and nursing homes and the financial complexities you have here. Time is most likely of the essence.