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What laws do i look under in the state of misssouri for nursing home rights for the elderly on loosing their homes ?
Kennett, MO
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Posted 2 months ago in Elder Law
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my grandmother is going into the nursing home and her home has only been out of her name for less than 3 years, i would like to know what rights she has to sell it or will it automatically be taken from her when she enters the nursing home.
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Answers (1)
Todd Welles Bartimole
This attorney is licensed in Ohio.
Posted 2 months ago.
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If the house was transferred prior to February 8, 2006, it is most likely that the penalty period for the improper transfer of the house would be expired by now. If it was transferred on or after Feb. 8, 2006, I would recommend seeing an elder law attorney as to what your options are.
Medicaid does not swoop in and take or sell a house. There may be a lien placed on property after death, to recover Medicaid expenditures. If the house is transferred back into her name, she can sell it. or it is likely the current owner could sell it for fair market value and give her the money back. I would normally recommend the first of those two options. I am not an attorney in your state and suggest that you contact an elder law attorney there to help sort it out. It will be worth the time and money to hire a professional in this instance. |
