Legal Question in Real Estate Law in Ohio

I am getting ready to move in with my mother to take care of her. She wants to give my husband and I her house. There is an equity loan tied to this house. What steps do we need to take to do this Legally? I heard that if she needs to go to a nursing home they can go back 5 years for her assets. Could they take the house? Does the equity loan transfer?


Asked on 10/19/11, 8:00 am

1 Answer from Attorneys
Elizabeth Schmitz Elizabeth S. Schmitz Attorney at Law

You should consult with an elder law attorney as soon as possible.

The equity loan would be tied to the house.

When you apply for mediciad they will look back for transfers made in the past five years and this transfer would result in a penatly period if she applied for Medicaid within five years. There is a caretaker child exception if you live in the house with your mother and provide care for her for two years prior to her needing to enter the nursing home.

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Answered on 10/19/11, 8:48 am


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