Martin Harvey Cohen's Answers

Florida: Can Nursing Homes or Medicaid seize Mom's Condo and Contents? Condo is in her name only, no other assets.

Your question raises numerous issues. If the condominium is your mother's principal residence, and, therefore, her homestead, then neither the nursing home, as an unpaid creditor, or the state of Florida could make a claim against the home. On the other hand, if she fails to pay the mortgage or the condominium association, either creditor could start a foreclosure. From your question, it appears that your mother is currently in rehabilitation. The cost is probably substantially covered...

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We have a company that is assisting in getting my dad qualified for medicaid. The company is suppossed to protect his house and

Although I have no idea as to the effectiveness or correctness of the other transactions, Florida Elder Law attorneys routinely use Lady Bird Deeds in connection with Medicaid planning. With the Lady Bird Deed, sometimes referred to as an Enhanced Life Estate Deed, the property owner transfers the remainder to a beneficiary, while retaining the right to sell or mortgage the property and keep all of the proceeds without the beneficiaries' consent. Because the property owner retains these...