What happens with a life estate if the holder of the l.e. goes in a nursing home?

My grandmother has a life estate arranged for her home. My mother I have warranty deed as joint tenants for the home with my grandmother having life estate in the home. This was set up by my grandmother in lieu of a will for whatever reason about 6 years ago. My grandmother has been in a nursing home for the last 3 months after a knee injury. After a review of her condition it’s not advisable she return home because of her inability to climb stairs etc. She does not have the money to pay to stay there and her social security is only approx. $ 800/mo. Can the nursing home come after her assets i.e. the house?

Best answer:

Answer by Flower
You would have to remove her from the nursing home because Medicare will not pay indefinitely. They only pay for recovery or rehabilitation period. Thats why they are telling you she should not go home but someone has to pay for her care. The nursing home is not going to allow her to stay there if they don’t get paid. In order to pay them, you may have to cash in her life estate. Thats how it works. The nursing care is not free. You can take her out of the nursing home against doctors’ instructions but someone has to care for her at home and that costs money 24 hours a day. If she didn’t have any assets and had only $ 800 in social security income, she would have been getting Medicaid all this time but it is too late because Medicaid looks at when you disposed of your assets and it must be 3 years before you apply. Even if she had Medicaid, that particular nursing home may not accept it.

I suggest you pay for a consultatin with an elder law specialist.

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