Legal Question in Wills and Trusts in New York

Re: Could she loose the house?

The law was just enacted that the new "look back" period is 5 years. You may have other options/exemptions so you should see an attorney.

Re: Could she loose the house?

I concur with Debra, that the time period is based upon the "look-back" rules, which in part are based on a financial formula. You divide the value of the house (net of any liens, etc.) by the government's number for average cost of nursing home care in the State of residence of the applicant. If the number is less than 60, the look-back period is less than 5 years. If the number is more than 60, the look-back is not more than 5 years. If the recipient is owed money (like for parental support they provided) this can reduce the house value and shorten the time period. More information is needed to give you more than a general answer. I suggest contacting an elder-law attorney who can provide additional planning suggestions that might be helpful in lowering the look-back period.