Legal Question in Wills and Trusts in Missouri
Nursing Homes rights to properties
In November 1995 my parents put a warranty deed to their home in my brother and myself's name with subject to a life estate in each of the parties of the first part to extend for the life of the survivor of the parties of the first part. Both are now in a nursing home. When their assets other that the home they live in are gone, does the nursing home have any rights to collect from the sale of that home and property that they deeded to my brother and myself or it is ours to sell and keep the money from it? Also, I assume we must keep it until both are deceased since the subject to life clause is there.
1 Answer from Attorneys
Re: Nursing Homes rights to properties
The home should be protected as long as the deed was correctly executed and recorded. They transfered the property 11 years ago and the Medicaid look back period for this type of situation is 5 years. So, as long as the property was not in their name as of 5 years prior to their entering the nursing home, it is not considered their asset.
The life estate is still in effect, even though they no longer live there, so you are subject to that. They really have no interest, which may be reached by the nursing home.
At this point it would be wise to contact a local elder law or estate planning attorney to review the situation and make sure the transition to medicare/ medicaid is done smoothly.
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