Legal Question in Elder Law in Missouri

My Dad has lived with me for 2 years now. He sold his home to my brother and put his money in on this home that is in my name only. My question is if Dad every had to go into a Nursing home, would they take my home away. His name is not on the deed, I have a $40,000 home loan (30 yr) to pay off.

Thank you! Glenda


Asked on 1/15/12, 3:35 pm

1 Answer from Attorneys

Anthony Smith LawSmith

If medicare has to pay for his nursing home care within three yeras of any payment he made, they may be able to come after you for that payment. It sounds like he pasid money to you for the purchase of yrou home. That apepars to be an investment. If he were paying rent to you, then it woudl be unlikley tha tthe feds woudl come to you for repayment. But, as it is, it looks ike he bought lifelong housing. If he has to go to the nursing hime, they may (although very unlikely) want to get some of the money out of the house for reimbursement. They would start with the house he sold to yrou brother, If the sale price seems approproiate, they would then follow the money from the sale of his house. If they can trace the funds to your house, they may be able to make a viable claim.

After three years of selling his house, it is unlikely that the feds or the state of Missouri would try to come after your house.

The question of how to devide your father's remaining assets at the time of his death, is another thing. Your brother may be able to claim that the money Dad put into your house should be credited to you in dividing the estate. Your fther's nongovermental creditors may be albe to make a similar claim and perhaps seel fudns form teh equity in your home. Hopefully, your father will be remain healthy for years, and you will not have to deal with division of a probate estate for a long time to come.

Good luck

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Answered on 1/16/12, 2:06 pm


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