How to protect your home if you are admitted to a nursing home part 3

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How to protect your home if you are admitted to a nursing home part 3

  1. 1. How to Protect Your Home if You Are Admitted to a Nursing Home Part 3 Boston Elder Law Attorneys Specializing in Medicaid Planning Cohen & Oalican, LLC 617-263-1035- Boston 508-821-5599 – Raynham 978-749-0008 - Andover
  2. 2. How to Protect Your Home if You Are Admitted to a Nursing Home Part 3 <ul><li>Medicaid Lien </li></ul><ul><li>There is also the distinct possibility of </li></ul><ul><li>Medicaid putting a lien on your home to compensate for the expenditure on your treatment. If you sell your home while still living, the lien would have to be satisfied by reimbursing the state for the amount spent on your medical care. </li></ul>
  3. 3. How to Protect Your Home if You Are Admitted to a Nursing Home Part 3 <ul><li>The only cases where you can claim exemption from this rule is when a spouse, or a minor, disabled or blind child, or a sibling with equity share in the property, is living in your home.. </li></ul>
  4. 4. How to Protect Your Home if You Are Admitted to a Nursing Home Part 3 <ul><li>Recovery of Estate </li></ul><ul><li>As stated earlier, only if a spouse, a minor, blind, or disabled child, or a sibling with a share in the property inhabit the house, can you be exempted from the state claiming it as recompense for your Medicaid expenses of your nursing home treatment. If the spouse of dependent family member move out or dies, the state can again try to claim the property. </li></ul><ul><li>. </li></ul>
  5. 5. How to Protect Your Home if You Are Admitted to a Nursing Home Part 3 <ul><li>There are some situations however, when the value of a home or property can be protected against recovery by Medicaid. </li></ul><ul><li>These are: </li></ul><ul><li>• If you or your spouse owned the home as tenants by the entirety. </li></ul><ul><li>• If the house is in the name of your spouse and you have given up your interest in it. </li></ul>
  6. 6. How to Protect Your Home if You Are Admitted to a Nursing Home Part 3 <ul><li>• If the house is in the name of an irrevocable trust. </li></ul><ul><li>• If any family member is eligible as a ‘care-taker child’. This is applicable when a daughter/son looked after you prior to your admittance to a nursing home and has no other place to live in. The person can then avoid a Medicaid claim on the house after your demise. </li></ul>
  7. 7. How to Protect Your Home if You Are Admitted to a Nursing Home Part 3 <ul><li>It is advisable to have a detailed discussion with an attorney regarding this ‘care-taker child exception’ and whether it can be applicable for any family member in your case. Considering the many legalities and other policy matters involved, the attorney can guide and help you to protect and retain your home and property, against all claims by the state and Medicaid. </li></ul>
  8. 8. If you have any further questions please contact, Cohen & Oalican LLP, elderlaw attorneys in Boston, Andover and Raynham <ul><li>Boston Elder Law Attorneys </li></ul><ul><li>Specializing in Medicaid Planning </li></ul><ul><li>Cohen & Oalican, LLC </li></ul><ul><li>617-263-1035- Boston </li></ul><ul><li>508-821-5599 – Raynham </li></ul><ul><li>978-749-0008 - Andover </li></ul>

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