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Property Deeded to my from my father who has Alzheimer

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donnawon8

Junior Member
What is the name of your state (only U.S. law)? Washington State
I was deeded the property that my father, mother and I live on in Washington State. There are 2 dwellings on the same deeded property and last year my father deeded it to me. He has Alzheimer and wants to protect the property from the nursing home from taking it, in the event down the road he has to be put into a home. My question is how many years can the state go back and take the property? Can the nursing home take the property with his wife and me still living on the property?
 
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LdiJ

Senior Member
What is the name of your state (only U.S. law)? Washington State
I was deeded the property that my father, mother and I live on in Washington State. There are 2 dwellings on the same deeded property and last year my father deeded it to me. He has Alzheimer and wants to protect the property from the nursing home from taking it, in the event down the road he has to be put into a home. My question is how many years can the state go back and take the property?
It doesn't work quite the way that you think. If your father would be self-pay for the nursing home then its irrelevant. If your father would need Medicaid to help cover the costs of the nursing home then there is a 5 year look back period and your father could be denied Medicaid until the value of any assets that were transferred during that 5 year period was used up...in other words, until he self paid the equivalent of that value.

However, if your mother still used the residence as her primary residence, that would have been exempt from the Medicaid calculation and the property would have been protected. It was probably a mistake to have deeded the house to you without getting advice from an elder law attorney first. At this point in time you are going to have to make sure that both of your parents are cared for at home for at least 5 years after the date of transfer.
 

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