my folks have 300 acres of land would it be better if they didnt own this when they go into a nursing home?
If medicaid or medicare is paying any part of the expense, then they may claim a lien against the person's real property.
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There is no difference as to whether or not it is "better" to own or not own real property when your folks are admitted to a nursing home. The one thing to consider as mentioned above is the fact that if Medicaid or Medicare pay for any of the care, they will in turn place a lien on the property.
So what that means, is upon the death of your parents, when their estate is distributed, Medicare/Medicaid will then be able to collect their lien for whatever services that they paid.
Your family may want to consider consulting an elder law attorney to discuss what options you may have in terms of trusts or gifting issues.
Best of Luck.
This is not legal advice and does not intend to create an attorney-client relationship. You should consult an attorney if you have any questions regarding this matter.
You need to consult a qualified elder law attorney who deals with eligibility issues. There are many ways to answer this question depending on your wishes and the facts, timing. There is a look back period of five years in most situations, where any transaction made in that period may be scrutinized.
I recommend you see a local attorney you can find you on AVVO.
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The question about assets and nursing homes are very complex. Many want to avoid paying for nursing homes and want it to be paid by medicaid. If you have a lot of assets, then you may have to pay for home from your assets. If you gift the land, medicaid can look back. It is a tricky area that must be dealt with a Elder Care attorney in Des Moines. Good luck
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