Can the State Seize My Mother-in-Law’s Home?

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My mother-in-law owns her home in Florida (Palm Beach County) and upon her death wants to leave the house to her son and myself. We have looked into the Ladybird deed, which seems okay and would avoid any probate. The question we have is if she were to get sick and have to go to a nursing home, how can the house be protected if she had to get state medicade to cover healthcare expenses? She has medicare and a supplement but medicare does not cover a nursing home. She wants to be ensured that the state could not take the house away from her son.

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

This is a good question to be asking early, while your mother is still healthy and can take steps to address the issue. Unfortunately, it is a very complicated question, the answer to which differs substantially from state to state, and even county to county within a state. Therefore, the only advice I can give is to consult with a local attorney who is experienced in elder law, and can let you know the options in that area.



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Author: House Attorney