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Winston7 Asked May 2017

Can I live in the home after she is placed in a facility?

My mother I jointly own the home she resided in. She has now been placed in a facility. Can I live in the home, since I own it, FREE and clear?

freqflyer May 2017
Winston7, I agree with the other writers, you own 50% of the house, it doesn't matter if Mom lives there or somewhere else, she still owns her half of the house.

As for being sole caregiver, you might need to prove you were doing the same work as 3 full-time caregivers at a nursing home each and every day. Example, Medicaid could ask to show checks where you paid to have a "sitter" watch Mom while you went grocery shopping, to you own appointments, etc. Otherwise, leaving Mom at home by her self doesn't indicate she needed full time care.

I know, this can become a crazy maze.

JoAnn29 May 2017
I agree with KatieKate. You don't say if Mom is privately paying or on Medicaid. But if on Medicaid you would know the answer because the house should have been brought up as an asset. They can put a lean n her half. You own nothing free and clear until she passes. Wills are null and void when on Medicaid.

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Katiekate May 2017
Then, you are not the sole owner. If she needs to apply for Medicaid...the house will be considered 50% asset and Medicaid will place a lien on it for that much.

gladimhere May 2017
And the facility has to be a nursing home. Assisted living does not work for Medicaid eligibility. I personally think memory care should equate to nursing home. From what I understand, it does not.

Winston7 May 2017
I am her son

Winston7 May 2017
It is still joint ownership with right of survivorship. I was her sole caregiver for 2 1/2 years prior to an agency

Katiekate May 2017
Were you her care giver for the preceding two years? Then , yes you can continue to live there.

At what point in time did you become the sole owner? If the deed transfer was done within the last 5 years...Medicaid will look closer. If you were not her line in caregiver, Medicaid will make you pay 50% of the home value

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