Legal Question in Real Estate Law in Illinois

I moved in with my widower father 3 years ago when I got divorced. I have not paid any rent. I have been his caregiver for the past year and a half and now he's moving into a nursing home. What are my rights? Sell house? Continue to live in house free? Purchase house?


Asked on 3/16/13, 6:58 pm

3 Answers from Attorneys

Walter Palmer Law Office of Walter Palmer

Your rights are what your father gives you because you were staying with him as his guest. The fact that you were/are his caregiver counts for nothing. You can continue to live in his house as long as he lets you. If the house has to be sold then you can buy it at market price unless he passes away first. Even then the home or Medicaid may have a claim against the estate. If you buy the house then it will go for whatever price he wants to sell it for subject to the foregoing claims. They can void friendly sales that took place (six) years before they came into the picture. If you buy it for market price you are probably OK unless they are able to convince a judge that you did not pay enough. (I know what I wrote - a sale to an outsider would be considered enough, but to a family member I would be worried if it was purchased for "low market".)

My wife and I are in a similar position with her parents. At law it counts for nothing. Your/our reward will be in the afterlife.

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Answered on 3/17/13, 5:55 am
Henry Repay Law Offices of Henry Repay

Seek the guidance of an attorney substantially experienced in elder law. Search this site or the National Elder Law Foundation.

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Answered on 3/17/13, 7:28 am

If you're not on title to the house that's a problem even if you are his sole heir at law. Why? Because you left out a key bit of information: will dad need public assistance to remain in the nursing home? If so there's basically a 5-year look-back rule for these situations: if he is decisional (something else you don't talk about), you're not currently on title and he tried to deed you the house today, then when he passes less than 5 years after the transfer of title, if his care was paid for with public assistance the State (which typically administers these programs) has the right to dive into the value of the home to be reimbursed -- in fact he may be required to put the house up for sale within a year after entering the facility. So, especially if he has already been accepted at the nursing home for admission, it may be way too late to do anything but if the house has any real value you should still see an elder law attorney immediately.

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Answered on 3/17/13, 11:56 am


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