Legal Question in Wills and Trusts in California

In California and my daughter has lived with my mother for a long time my mother is going into a nursing care facility. How can I stop the facility from selling her property to pay for her care. My daughter wants to stay and finish school. Is there a such thing as lifetime tenancy?

Asked on 4/10/21, 10:34 pm

1 Answer from Attorneys

Timothy McCormick Haapala, Thompson & Abern, LLP

The nursing facility cannot sell her property to pay for her care. If her care is paid for by Medicare or MediCal, they can sometimes sell property to get reimbursed. Making a plan to prevent that, or to hold it off until your daughter no longer needs to live in the property is a specialized area of estate planning, not something to be answered in an internet Q&A. There is such a thing as a life estate, but that is not guaranteed to hold off the state. You need to consult a local attorney who does that kind of work.

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Answered on 4/11/21, 7:18 pm

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