Legal Question in Real Estate Law in Florida
Florida Property, Michigan residents
My husband and I own a home in Fl. which is not our main residence. We also own a home in Mi. which we claim our homestead. My husband is in the early stages of alziemers. In the future if he has to be put in a rest home, and put on the state .Mi. law now says that our homestead in mi. is exempt from being taken to pay his care. I am concerned that our Fl. home might be taken to pay his care being it isn't our homestead. The deed to our Fl. home reads as follows. John Doe and Jane Doe, 'husband and wife', etc etc. I have Durable power of attorney that we made in 1995, witnessed and notorized with seal, that says that i can sell, transfer, and do anything necessary about property. I would very much like to keep our Fl. home, and would like info on what, if anything, I have to do with our deed to insure that we can keep it. I was informed by a Fl. attorney some years ago,that there is a form that I can fill out and submit to medicare, at the time of his admission into a rest home, and the Fl. home would also be exempt. I forgot what this form is, would you please let me know what it is, and if in fact it does exist? If he ever does have to use a rest home, it will be in Fl. would we have to become residents here then?
1 Answer from Attorneys
Re: Florida Property, Michigan residents
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
There is no magic form that will protect your home. You seem to need some medicaid/elder law planning. You should meet with a qualified elder law attorney who can review the specifics of your situation and advise you of your legal rights and provide suggestions of what can be done to minimize your risks. Please keep in mind that any transfer to a relative (including a spouse) may be subject to be set aside for a period of up to 5 years under the laws of most states.
Scott R. Jay, Esq.
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