Legal Question in Elder Law in Florida

If my mother lives in assisted living for 10 months out of the year, is her home in Florida still considered her primary residence? I want to get a reverse mortgage for her so that I can pay for assisted living because she needs supervision and none of our family lives in Florida.


Asked on 8/29/12, 10:36 am

1 Answer from Attorneys

C Randolph Coleman The Coleman Law Firm, PLLC

In Florida, there is a presumption that if your mother has a home and is not living in it (and it is not rented) because she is in an assisted living facility or skilled nursing home, then the presumption is that she intends to return to her home and it retains its homestead character.

Before you act on the reverse mortgage, you may want to consider whether your mother may be entitled to VA Pension Benefits, or VA Aid and Attendance Benefits; and whether she might qualify for Medicaid benefits to pay for her assisted living or skilled nursing home care.

You can learn more about those options at: https://www.thecolemanlawfirm.net/VA_Benefits.php

and

http://www.thecolemanlawfirm.net/Medicaid_Planning_Attorneys.php

Good luck.

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Answered on 8/29/12, 12:24 pm


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