Legal Question in Wills and Trusts in Alabama
If the children of a dieing parent have been on the will to receive the home and property for over 5 years, and that parent has to be sent to a nursing home, can the nursing home go for the said property if more money is needed than the patients income and insurance can provide? The children are not on the title, and the home is paid for. The will was made up and is legal, and has been for over 8 years.
1 Answer from Attorneys
Your question is more complex than you might think. For example, if the parent has to rely on Medicaid for payment of their nursing home bill, then yes, the home can be sold to cover the costs of care, and the family is basically out of luck unless they want to buy back the house from Medicaid. Normally a nursing home will not take a mortgage on a home itself, but will simply not accept the patient at all if they can't pay, so my guess is that Medicaid is involved. Cal an Elder Law attorney for advice. www.NolanElderLaw.com
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