Legal Question in Real Estate Law in Tennessee

prepareing to enter nurseing home

what preperations shold be made prior to entering a nurseing home to asure that our home will not be taken by the state to pay nurseing home expences. we have a will that leaves our house and posessions to our chieldren. I have heard that unless your realestate is sold or put in someone elses name two years before entering a nurseing home that it can be taken by the state, is this true?

thankyou so very much


Asked on 6/11/08, 1:03 pm

1 Answer from Attorneys
Joseph T. Kirkland, Jr. Kirkland, Rothman-Branning & Associates, PLLC

Re: preparing to enter nursing home

This is a more complicated issue than can be fully discussed here, but, Tennessee has a 5 year look-back period on transfers that are made for less than adequate consideration (including gifts to children) on property. If the house was transferred within 5 years of beginning nursing home care, any transfer will be looked at. Additionally, any attempt to secret assets from Tenncare may be considered fraud. The purpose of Tenncare is to provide a safety net for those that truly do not have their own assets to take care of themselves.

The state does not take your house, but, can place a lien on your estate, which may include your house for recovery of the funds that Tenncare may have spent on your behalf for nursing home care.

You may not need nursing home care, in which case there will not be any need for any recovery by Tenncare and which means that your children may inherit the house.

There are also tax issues that may be involved and which should be considered on any transfer.

Read more
Answered on 6/11/08, 2:44 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Tennessee