Legal Question in Wills and Trusts in Florida
my mother and have lived together for 20 yrs in the same home. my mother has been on social security and widow benefits for over 10 years. she has also been a medicaid recipient for that same time period. in 2007 we went to property appraiser office in florida where we reside, and did a quit claim deed. the quit claim deed states that we my mother and i are joint tenants with right to survivorship . since before the deed change my mother health has been declining . she now faces mutiple illnesses including kidney failure. she has been placed in a nursing home just recently because i can no longer give her the care she needs at home. my question is if medicaid in state of florida can take our home through the medicaid estate recovery act? thank you
2 Answers from Attorneys
No. Not in Florida, as long as it remains the homestead of your mother.
No, and to expand on the other answer, merely moving from her home to a nursing facility does not mean the property is no longer her homestead.
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