Any experience with nursing homes and liens in NY state?
I owned my home before I got married. The deed is in my name only. If my new husband is put in a nursing home can they put a lien on my home if he passes?
I don't think so. Its not his house. But its a question you could ask Medicaid now. If you think it will be awhile (over 5 yrs) before Medicaid will be needed, maybe put your house in a trust.
While Medicaid won’t impoverish a spouse, they WILL still put a lien on the house when the spouse dies. MERP varies from state to state.....but since the house has always been in your name, it should be an unrecoverable asset meaning Medicaid won’t count it as an asset and they won’t put a lien on it.
That's not a correct statement. Look into each state's laws regarding MERP. For example, from your username, I take it you are in California. In California there will not be a lien on the house when a spouse dies. California only attempts MERP on assets going through probate. In this case, it's not even a question since the house is only in her name. Even if both spouses are on the deed, for most deeds when one spouse dies the other spouse automatically has sole ownership of the house. There is no probate on the house. It isn't eligible for MERP. Thus no lien.
OP, please check the laws in your state regarding MERP. Each state runs it's own program and thus has it's own policies.
As always, I have no idea what I am talking about. None of this should be taken as advice. I'm just randomly hitting keys on my keyboard thinking I'm playing a video game.
If you mean that your husband will need Medicaid to pay for NH expenses, then it is really important that you get yourself to a certified Eldercare attorney who can set this up properly.
Basically, Medicaid has no interest in impoverishing the "Community Spouse", the one who is NOT in the NH. But NH's need to get paid, either through private assets and income, or through a lien on property.
A Medicaid application where there is a community spouse involved is NOT a DIY project.
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OP, please check the laws in your state regarding MERP. Each state runs it's own program and thus has it's own policies.
As always, I have no idea what I am talking about. None of this should be taken as advice. I'm just randomly hitting keys on my keyboard thinking I'm playing a video game.
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Basically, Medicaid has no interest in impoverishing the "Community Spouse", the one who is NOT in the NH. But NH's need to get paid, either through private assets and income, or through a lien on property.
A Medicaid application where there is a community spouse involved is NOT a DIY project.