Legal Question in Real Estate Law in Tennessee

I borrowed approximatley $40,000.00 to keep my mom in her own home (paying for 24-hour carefor her. She has a condo valued at $68,000.00 I'm afraid if she goes into a nursing home I will not get my money - I understand the government will take it it this so - Live in Tennessee


Asked on 1/18/10, 5:57 pm

1 Answer from Attorneys

Caitlin Moon C2Law

Medicaid regulations are intricate and if not followed to the letter, can result in disqualification from Medicaid benefits. Generally, the state of Tennessee is able to recover Medicaid expenses from a person's estate. So, if your mother owns the condominium at the time of her death, it likely would be considered part of her estate and therefore an asset that the State could have a claim against if she received Medicaid benefits during her lifetime. However, how Medicaid regulations will apply to your mother's estate specifically depend on many factors, so an absolute answer is not possible without additional information. I recommend that you consult an attorney in your area who specializes in elder law, in order to determine what ability you may have to be reimbursed for the expenses you've incurred for your mother's care.

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Answered on 1/23/10, 7:34 pm


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