Legal Question in Real Estate Law in California

Usually what happens if the state of CA is providing medical care, and they discover assets that belong to a person being cared for, they put a lien on teh assets (the house in this case). If you are living in the house, the lien only affects you if they try to foreclose the lien, which they have the legal right to do. There is a loophole in the law ( I had a similar case a few years ago) whereby if you are elderly, disabled and a few other conditions, they wait until you die to foreclose the lien, or in some cases, they excuse the lien. If they do not put a lien on the house when your mother is living, they may not be able to do so after she passes away, since the ownership automatically transfers to you at her death. I would not count on this happening, however.

If your mother is currently competent mentally, she can sign a grant deed putting the house in your name only right now, if she is willing to do this. This should take place before she goes into the nursing home, and is a simple procedure. I would be glad to help you with this, and it is not costly. You should, however, check with the state to see if this will get you out of paying for her care via an asset of hers. Some state and federal agencies look suspiciously upon asset transfers up to a certain period of time prior to their being used for care. I am not an expert on this subject.

If your mother is not mentally competent, this avenue is not available to you.