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Could nursing home take MY home?

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Torellian

Member
What is the name of your state? WI

I had made the following posting under Real Estate Law, but someone advised me that it might be better if it were posted here:

I saw my insurance agent yesterday to update my policy, and he informed me of something troubling. He asked me about what names are on the title of my house, and I told him mine and my Dad's. That's because my Dad loned me the money 9 years ago to buy my current house and we agreed that his and my name would be on the title as joint owners until I paid off the loan to him, then his name would be removed and I would be the sole owner. My Dad wrote up a paper he called a promissory note that we both signed that states all this.

Well, my agent said that if my Dad were to end up in a nursing home, they would be able to take not only everything he has, but also my house too because his name is on it. I guess they could take half of it, actually. ALSO, once I pay off the loan, which should take just 2 more years, there would still be another 7 years that would have to go by before I would be safe from having my home taken! But if I am paying off a loan, and I can prove with reciepts that I PAID for my Dad's half, then how could a nursing home still take it? It's basically like he SELLING me his half. If a total stranger were to buy my house, a nursing home couldn't take it from them, so why would they be able to take it from ME?

Please help me understand this. I've been stressed out ever since I was told about this yesterday! Thanks!
 


JETX

Senior Member
Yes. If your father receives state or federal benefits, the state or federal government will determine what assets he has including his half ownership of the property. They will factor that into their determination of benefits.
 

Torellian

Member
Ok. So is there anything I can do to prevent this? I have most of my home loan to my Dad paid off, and apparently there is a 7 year lookback period even past that point. What can I do now to eliminate the threat of losing my home?
 

JETX

Senior Member
Ok. So is there anything I can do to prevent this? I have most of my home loan to my Dad paid off, and apparently there is a 7 year lookback period even past that point. What can I do now to eliminate the threat of losing my home?
Pretty simple... make sure that your father doesn't get into a situation where he is 'feeding from the public trough' while still having seizable assets.
 

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