Legal Question in Real Estate Law in Illinois
Protecting property from Medicade buydown..
Mother in-law would like to buy townhouse with us as half owner. If she were to go in to a nursing home, would the townhouse be protected, regarding her half. If on Medicade, could they take her half at a later time? The townhouse would be her only residence.
2 Answers from Attorneys
Re: Protecting property from Medicade buydown..
For medicaid purposes, you could do it her way if the 2 of you live with her for 2 years before she is in need of medicaid. If she needs medicaid before that, it's still a 2 year live with period with either one of you being a care giver. Under federal medicaid eligibility rules the townhouse would pass to you.
Re: Protecting property from Medicade buydown..
I believe that you would be better off if you purchased the property and rented to her. I would recommend that you speak to a knowledgable real estate attorney about this in his/her office.