Legal Question in Wills and Trusts in Florida

Homestead and Medicaid Bills

My mother has no will. She has two heirs, my half brother and myself. She is currently in a nursing home with dementia. Her social security check goes to the nursing home and Medicaid pays the balance. Her only asset is her home which is her homestead and in her name alone.. I have durable power of attorney. I am currently living in the home and paying the bills. I have been told that upon her death, it will need to go to probate but that the home is protected as far as having to pay the Medicaid bill for the nursing home. Repairs are needed on the home to protect it from damage, i.e. garage door, shingles and I don't have the resources to fund it. There is a small mortgage left on the home ($3,500) Should I use the POA to transfer the title to me or leave it alone and try to get a home equity loan under her name for repairs?


Asked on 5/27/08, 4:00 pm

1 Answer from Attorneys
Frank J. Pyle Probate Attorney Throughout Florida

Re: Homestead and Medicaid Bills

If those are the only options, choose the latter. If you transfer title to yourself, you will immediately disqualify your mother for Medicaid for up to 60 months, depending on the value of the home. Obviously, that is the last thing you want to do.

Read more
Answered on 5/27/08, 7:09 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Florida