Nursing Home

[ereu]

What is the name of your state (only U.S. law)? Ohio

Ok my grand dad died probably a month ago. He had been in a nursing home since late Feb. early Mar. of this year. His insurance would only pay for 30days of nursing home care. But at the end of that 30days the nursing home and his doctors felt he was in no condition to come home. Well last month he started getting worse and his doctor moved back to the hospital, where he later died. His insurance has not paid for his 30days and medicare denied his claim. He did own his own home, but I have been living here almost three years with him since he fell broke his leg. Now I fear I'm going to be out on the street with no place to go because they are threatening to take the house as payment for his bill. Can they legally do this. I'd been told by many people when he died his debts died with him. I need some help and guidance please. The home is paid off and I'm considering borrowing against it if I have to, but only if i have to.

[anteater]

I'd been told by many people when he died his debts died with him.

Not the case. Many people have told you wrong. His estate is responsible for paying his legitimate creditors. Since he had assets at the time of passing, his creditors will expect to be paid.

That you lived at the house for 3 years and provided care does not by itself entitle you to ownership of the house. Did granddad have a will? If not, does he have any children or other grandchildren?

You are a long way from owning the house, with or without a loan.

[ereu]

No he did not have a will he figured that him not having anything but the house didn't call for one. He has three children, my father who was his POA and his two daughters. I hate to say it but I knew he wouldn't it through the end of the year and I told my father this and told him to get the house out of his dads name. And it wasn't just the fact that I was staying here, that leads it to being my house. The three of them decided to give me the house because this is where I had been for the last three years taking care of him. The other thing is that the nursing home keeps saying they want the money in full no payments or anything like that. They sent a letter here saying they wanted their money in five days from Wednesday, or they would turn ME over to a collections agency.

[anteater]

They sent a letter here saying they wanted their money in five days from Wednesday, or they would turn ME over to a collections agency.

Unless you signed something that obligated you personally for your granddad's bills, they are full of crap.

The three of them decided to give me the house because this is where I had been for the last three years taking care of him.

If the three of them do not own the house, they are in no position to give the house to you.

Someone (one of the children being prime candidates) needs to retain an attorney and open probate. If that does not happen, the nursing home, as a creditor, might just open probate themselves, sell the house, and, after paying all creditor claims, distribute the remainder of the proceeds to the rightful heirs.

[Ozark_Sophist]

Originally Posted by anteater

Unless you signed something that obligated you personally for your granddad's bills, they are full of crap.


If the three of them do not own the house, they are in no position to give the house to you.

Someone (one of the children being prime candidates) needs to retain an attorney and open probate. If that does not happen, the nursing home, as a creditor, might just open probate themselves, sell the house, and, after paying all creditor claims, distribute the remainder of the proceeds to the rightful heirs.

Who do you want to pay the bill for the nursing home? The taxpayers? Why, when there recoverable assets.

I'm thinking perhaps granddad went on Medicaid after his Medicare allowed stay was up. In that event, OP, there is a five year look back on assets--so even if you were gifted the house three years ago (or at any time during the period for less than fair market value), the home is an asset the state can collect from for the long-term care your granddad received.

[anteater]

Originally Posted by Ozark_Sophist

Who do you want to pay the bill for the nursing home? The taxpayers? Why, when there recoverable assets.

I think that you misread my responses. I said:

His estate is responsible for paying his legitimate creditors. Since he had assets at the time of passing, his creditors will expect to be paid.

Ozark_Sophist: I'm thinking perhaps granddad went on Medicaid after his Medicare allowed stay was up. In that event, OP, there is a five year look back on assets--so even if you were gifted the house three years ago (or at any time during the period for less than fair market value), the home is an asset the state can collect from for the long-term care your granddad received.

Perhaps, but there is no indication that he received Medicaid assistance. And it does not appear that it is the state of Ohio that is asking for payment:

ereu: The other thing is that the nursing home keeps saying they want the money in full no payments or anything like that. They sent a letter here saying they wanted their money in five days from Wednesday, or they would turn ME over to a collections agency.

And no indication that the house was gifted.

ereu: He did own his own home.