Legal Question in Real Estate Law in Illinois

Protecting property from Medicade buydown..

Mother in-law would like to buy townhouse with us as half owner. If she were to go in to a nursing home, would the townhouse be protected, regarding her half. If on Medicade, could they take her half at a later time? The townhouse would be her only residence.


Asked on 10/06/05, 5:13 pm

2 Answers from Attorneys

George Zuganelis Zuganelis & Zuganelis, Attorneys at Law, P.C.

Re: Protecting property from Medicade buydown..

For medicaid purposes, you could do it her way if the 2 of you live with her for 2 years before she is in need of medicaid. If she needs medicaid before that, it's still a 2 year live with period with either one of you being a care giver. Under federal medicaid eligibility rules the townhouse would pass to you.

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Answered on 10/07/05, 1:06 pm
Charles Dobra Charles Wm. Dobra, Ltd.

Re: Protecting property from Medicade buydown..

I believe that you would be better off if you purchased the property and rented to her. I would recommend that you speak to a knowledgable real estate attorney about this in his/her office.

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Answered on 10/06/05, 6:06 pm


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