Over 10 years ago, my mother-in-law purchased and moved to her current house. The house was put in her son's names with the contingency she is able to live out her life there. She has recently been admitted to a nursing home for dementia. We are being told the nursing home can take 30% of the home. Is this true?
Just a warning: if your LO has credit card debt when he or she dies, and you call the credit card company to let them know, DO NOT GIVE YOUR NAME. Just say, "this is her daughter." They can add your name to the account if you give it, and this has happened more than one person I know.
The NH takes nothing. If they except Medicaid, then Medicaid pays what they feel is reasonable towards Moms care. Moms Social Security and any Pension is used to offset her care. If she owns any part of the house, that would be an exempt asset. If her sons felt they needed to sell it then yes, Mom gets her % but that goes towards her care. Medicaid stops till she spends down the money and then reapply when its almost gone.
If sons choose to keep the house or can't sell before Moms passing, it will then become an asset and Medicaid (not the NH) will put a lien on Moms % of the house. Which someone can pay outright to keep the house or sell to satisfy the lien. Lets say Moms % is 40K of the sale but she owes 100k to Medicaid. Medicaid can only get the 40k.
Deeds are files at the County seat so no problem finding out who owns the house. If son's, then names will be on the tax bills too. You may end up having to use an estate lawyer to figure this out if its not cut and dry.
Nursing homes don't take homes; Medicaid does estate recovery after the death of the elder owner.
You need a consult with a certified eldercare attorney.