Legal Question in Wills and Trusts in Pennsylvania

Your question is not worded correctly. I assume you believe that just because you have lived with your mother for 40 years (I assume that this was with your mother's knowledge and permission) you seem to be under the impression that this gives you some right of ownership in your mother's home. It doesn't. There is a thing called adverse possession in Pennsylvania but to avail yourself of this and acquire an ownership interest in land that means you have to occupy the land without the consent or permission of the owner. If you have been living in your mother's home without your mother's permission then go see a real estate litigation attorney to find out how you can get the house by adverse possession.

The only other way to acquire the land is by being on the deed. Did your mother ever deed the home to you or put you on the deed? If you don't know, then see the recorder of deeds in the county where the land is located and look at the deed to the home. Look under "grantees". Who is listed? If anyone other than you, then no, you have no claim to the land.

Your mother should have engaged in more thorough estate planning unless she deeded the property to you. Since it appears your mother did not, you assume that the facility will "take" ownership. Why? The facility can do nothing. What would happen is that if this is a private nursing home, when your mother dies, you will have to probate an estate. The nursing home will submit a claim for payment for any unpaid charges. You will then have to pay the claim out of the estate funds. If there are insufficient funds (money) then the home will have to be sold. but nobody comes in and takes the home.

To prevent this, why don't you buy the home from your mother and use the funds to pay for your mother's care? Or avoid having your mother go into a nursing home? There are cheaper alternatives. Have you explored those?

You should also be aware that if your mother is eligible to receive Medicaid and actually gets Medicaid, then your mother's estate will be required to reimburse Medicaid after your mother dies. And PA has a law which provides that children can be held liable for the support of their indigent parents.

I suggest that you start planning now. I don't know how long your mother will be in the nursing home but you would do well to consult an elder care attorney and learn the ins and outs so that you can hang onto the home.