Can the state hold a secondary home for 5 years on the premise that the owner goes in a nursing home? Can it be warded to son?
5 attorney answers
I am wondering if the parent is in a state other than Michigan. Your facts do not quite add up under Michigan's Medicaid program, as the other lawyers have indicated. I agree that you should consult with an elder law attorney, especially because a misunderstanding of the Medicaid rules can result in huge nursing home bills that far, far exceed the cost of a lawyer.
It is not clear from your question what you are trying to accomplish. If you are trying to help an elderly parent to qualify for Medicaid or if the parent is on Medicaid already, the best thing you can do is to consult with an elder law attorney, present all the facts and get advice based on this specific situation as to how to preserve assets, including the second home. As a general rule, a residence is an exempt asset under Medicaid but a second home would not be. Also, you should know that the state does not "hold onto" someone's second home so it could be you are referring to the 5 year look back period. You need to consult with an attorney. Best of luck.
The 5 year look back recovery rights by the State of Michigan are equitably established as to assets available for the care and welfare of the owner. A residence is exempt but a "secondary home", as you vaguely term it, is not. Therefore, if Medicaid payments are being advanced by the state to pay for Mom's care and welfare the asset called the "secondary home" is rightfully liened for the "look back" costs of such care, Who gets the secondary home if the state does not claim interest in it, is determined by what estate plan Mom has in place. See an elder care attorney.
This commentary does not result in any attorney/client relationship nor constitute legal advice as to a particular fact situation or status of a reader. Consult and retain legal counsel in the State of Michigan for pursuit of such a relationship.
A primary residence is exempt during your life time from Medicaid, however a second home would be countable. There are legal strategies to protect assets so you don't have to spend down to the $2000 asset limit.
Is the secondary home collecting rent and that's what is paying bills? The home cannot be awarded to the son by the state.