Legal Question in Elder Law in Florida

I am 71 and live in Florida. My daughter is named in my will to inherit my house upon my death. My question is If I end up in a assisted living facility how can I protect my house and daughter should Medicaid or the State of Florida want to put a lien on the house? There is a mortgage on the house at this time.


Asked on 7/19/17, 10:43 am

1 Answer from Attorneys

Jason Neufeld Neufeld, Kleinberg & Pinkiert, PA, a personal-injury and elder law firm

You need to consult with an elder law attorney but the short answer is: it is definitely possible to protect your house with proper planning. Even if you do not live in the house, as long as you "intend to return home," medicaid will not count the house. However, there are some practical consequences to this, e.g. who is going to pay for the home's upkeep, pay taxes, pay waterbill, etc... because most, if not all, of your income is likely to go toward your cost of care.

Upon your passing, Medicaid will have a lien on your probatable estate. So you also want to talk to someone about making sure your house (and other assets if any) pass outside of probate. One way to do this is through recording a "lady bird deed." I put links with more information below.

Please let me know if you have any other questions.

https://www.elderneedslaw.com/blog/how-can-i-protect-my-home-and-assets-from-nursing-home-expenses

https://www.elderneedslaw.com/blog/lady-bird-deed

Read more
Answered on 7/20/17, 6:53 am


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