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She gets SSI.

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how can I prevent that if anything ?
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AlvaDeer Aug 2020
You need to be very careful playing around with this sort of thing without the advice of a lawyer. If your Mom is in a nursing home it is very unlikely that her Social Security check is enough to pay for her care. If she has no savings then she may have to go on medicaid. At her death Medicaid has a right to recover on the sale of her home. I don't know enough to tell you if they can force the sale, so this is why you really need to see a lawyer to answer your questions. On any forum you will get varying opinions on things. Only trust what you hear from someone knowledgeable, in this case a lawyer. We all have different experiences in different states, sometimes countries. You want to be certain what to do that is LEGAL in your own state.
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They will place a lien against the house to help pay for her care.

The only way to get the house for yourself at this point is for you to be her caregiver and keep her out of a nursing home. The house is not yours until she dies and then only if she doesn't need to sell it to pay for her care.
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First SSI is supplemental income and u don't receive it if in a NH. Mom should be receiving Social Security if old enough and that will be used to offset the cost of her care.

Mom could put the house in a trust for you and hope she doesn't need Medicaid within 5 yrs of doing so. When on Medicaid for LTC Mom will be able to keep the house. If a family member resides in the same house or has been a caregiver in that house for 2 years, they maybe allowed to stay if they can prove they can pay for upkeep. When Mom passes, a lean will go on the house, again a family member will need to show residency or disability to be able to stay and that they can keep it up. The lean will be recouped at the time that person dies, leaves the home or sells it.

Best thing is to consult with a lawyer well versed in the Medicaid laws of your state.
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