if someone gave u a house and she goes into a nursing home how long do u have to have it in your name before?

Question

the nursing home can touch it

Answer 1

I have heard of this before, If I'm not mistaken it's at least 2yrs.

Answer 2

Some of the answers on this page are ridiculous. It just goes to show how many people on here answer these questions without knowing anything about the subject.

If a family member gives you a house, the house is yours. No government or other agency can take it away from you in regards to her.

The nursing home itself has nothing to do with the tangible assets of a patient. This is an issue with Medicaid.

However, what can happen is how Medicaid will handle the expenses of your relatives care. The federal government has laid down basic rules on how each state can manage the Medicaid money it gets. This includes how much money in each month the patient is allowed to have. This includes retirement income, CD's, insurance, any other incomes, tangible property in the form of real etstate and other, etc.... Let's say your talking about a patient who is a resident of West Virginia. The monthly amount is $2000. The resident cannot exceed that amount in a monthly period. So, to put it simple, you cannot have more than $2000 a month in assets of any kind. If your assets go over that, Medicaid will deny you services until that amount falls to $2000 or below.

So, lets look at the house. In most cases the property has a look back period. 3, 5, and 7 years are standard according to what type of asset were looking at. From bank accounts, to real estate, to vehicles, etc... different things fit into different time categories. If the house was sold within the look-back period, Medicaid usually says someone will be responsible for that amount of the patients care. So, if the house was "fair market valued" at $50,000. Medicaid believes that money should be somewhere. No matter what the house actually cost or was sold for. On the bright side, in most cases it is obvious that money is not available, and Medicaid overlooks this. Why, because they cannot deny someone medical care in regards to current finances as long as their current assets fit into the Medicaid program. Of course, each state is slightly different in how they handle these things and it would be best for you to contact your local Department of Health and Human Resources and talk to a Medicaid worker to see what your states actual rules are governing Medicaid.

Answer 3

Actually- it's Medicare that takes it in a way. All assets must be transferred 5 yrs before, so that Medicare will pay for long term care. Otherwise, they have to be sold. The exclusion to that is that if a spouse is living- the house and assets do not have to be sold at that time.

Answer 4

I think it was raised to 5 years (used to be a 3 year look back).

Answer 5

If the house is donated by a properly executed act of donation then the title transfer is immediate.

Answer 6

The day she signed the contract that said they could take the house if she didn't pay her bill. You should put it in your name quick. They will try to take it.

Answer 7

You need her to transfer deed and affadavit of title to you. A lawyer can help you with this.

Answer 8

If its in your name they can't touch it, its yours not her's

Talk to a lawyer if you feel uncomfortable with it, a lawyer can tell you exacts in the law.

Answer 9

Gotta have a bill of sale.Title.