Legal Question in Elder Law in New York

Regarding my mother's house that is now in mine and my sister's name - since mom is now in a nursing home and the state of NY is taking the rent mom was collecting from her house, can the state take the house at any time before or after her death claiming that the rent money is not adequate? She has a life estate on the house until she dies. I ask this because she tells me that I and my sister are responsible for any and all the bills because we own the house not her. I think she owns the house and it only becomes ours at her death. Either before or after her death could the state have any attachments on the house for any reason? I appreciate your answering my questions. This whole thing was recently sprung on me and I find it very confusing. Thank you.


Asked on 11/21/10, 3:41 pm

1 Answer from Attorneys

David Leon David L. Leon, P.C.

What you're describing sounds like the Medicaid Estate Recovery Program (MERP). They will attach real property (i.e. a house) upon your mother's death, if Medicaid has been paying for long term care. However, if your mom only has a life estate, then there might not be anything for MERP to attach.

So, before you do anything else, you should research the title to the house. Figure out EXACTLY what your mother owns, and how she owns it. Have an attorney familiar with Medicaid planning review the title documents with you. You should be able to figure out what's going on once you know all the facts.

Dave

http://nylegaladvisor.com

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Answered on 11/26/10, 3:51 pm


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