Legal Question in Elder Law in Illinois

My mother lives in Illinois. She has dementia and has been in a nursing home since July, 2010. She will never go back to her home where she no longer has a mortgage. Even though Mother does not have a will, we all know she wants my sister to have her house, which has been empty since July, 2010.

Question: If my sister were to move into Mother's house now, could it be sold out from under her when Mother runs out of money and needs to go on Medicaid (probably May, 2011)?


Asked on 12/30/10, 7:38 am

1 Answer from Attorneys
Steve Raminiak Law Offices of Steve Raminiak, P.C.

That's possible, but unlikely (particularly if you do not admit that she will likely never go home again). The State will probably place a lien on the home for the amounts expended by Medicaid, and when your mother passes, they will then press to have the home sold in order to recover the amount that the State has paid.

Alternatively, I suggest that you explore an "OBRA pool" Trust which will provide for more benefit to your mother during her life and may result in more funds left for the family at her death. Feel free to call me for a free consultation about this.

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Answered on 1/04/11, 9:32 am


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