Is an over-65-senior's house in a PA nursing home protected from asset seizure?

Asked over 1 year ago - Philadelphia, PA

An over-65-senior in PA, with a house worth under $500,000 with no other assets goes into a nursing home and will likely be there for years (if not more). Said senior has an over 21 child who lives at the said senior's house. The house deed is solely in said senior's name. Since the senior's nursing home bills are surely going to be greater than the value of their home, will this home be seized by the state of PA or can the senior's adult child hope to transfer the property over to her name thus not loosing a place to live?

Attorney answers (2)

  1. Bryan Jonathan Adler

    Contributor Level 10

    1

    Lawyer agrees

    1

    Answered . I absolutely agree with my colleague.

    The specifics of your situation determine what, if, any options are available to protect the home. However, any options available at this point are complex and require the guidance of an experienced Elder Law Attorney.

    I encourage you to contact a Certified Elder Law Attorney in your area. You can find one by visiting NAELA.org.

    This is NOT legal advice. The information contained herein is observational and for reference only. These posts... more
  2. Margaret L. Cross

    Contributor Level 11

    2

    Lawyers agree

    1

    Answered . You need to consult with an elder law attorney in your area. Generally, a home is a non-countable asset which the state will lien. The state collects against the lien if the home is sold during the elder's life or during the probate process after the elder's death. There are very few allowable transfers once the elder has entered the nursing home. Once exception is the care taker child exception for which you may qualify. Did the child provide care to the elder which delayed the elder's entry into the home? Did the child live in the property two years before the elder's entry into the nursing home? If so, he may qualify. I would not delay. Once the elder passes away, the care taker child exception no longer is available.

    Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

27,784 answers this week

3,040 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

27,784 answers this week

3,040 attorneys answering