How do I find information on the law regarding a person’s home if they go to a nursing home?

Stepfather is 85 and partially paralyzed. He wants to go into a nursing home but he owns a home without any mortgage. What are the laws regarding how and when the state could take the house. Where can I find these laws?
I am not an heir nor do I want to be. My SF is 85 & disabled, Mom is 68 & it is getting harder for her to take care of him. He says he wants to go into a home but they would kick my Mom out of the house and take it to pay for the cost. In some states, they can’t do that if a relative is in the house that was there prior to the person going into the nursing home. I am trying to find out what the law in NY says. Ca anyone lead me in the right direction without the cost of a lawyer at the moment?

By | 2013-08-27T07:19:06+00:00 August 27th, 2013|Mortgages Home Loans Interest Rate|4 Comments

About the Author:


  1. Carol August 27, 2013 at 8:32 AM - Reply

    You are asking such an important question here on Yahoo.

    Most people here are simply not qualified to answer. It can get very complicated and every situation is different.

    I recently went through this with my mother, but I still don’t feel comfortable giving advice. I will say there is an exception for a home where the remaining spouse lives.

    Try going to this site. It is New York’s Medicaid site. Lots of good info with great questions and answers you can go through.

    Wish you the best.

  2. goz1111 August 27, 2013 at 8:15 AM - Reply

    Your stepfather need to consult an elder/estate lawyer before going into a nursing home

    What you are talking about is the states ability to recapture payments made under the states Medicaid that was spent on your stepfathers nursing home stay

    The state may look back a certain number of years to recapture any transfers your stepfather may had on any assets like a house, to pay for his nursing home stay, now if your mother his wife is still alive then she will retain rights to part of the home

    But you should consult a lawyer to figure out the best estate planning approach

  3. v b August 27, 2013 at 7:44 AM - Reply

    Who is going to pay for the nursing home?
    Who is going to pay for the costs of maintaining the existing home (repairs, insurance, taxes)?

    if your stepfather can pay for all of this from savings, no problem.
    If your stepfather can sell the house and pay for the nursing home from savings, no problem.
    If your stepfather wants to keep the house *and* have the state government pick up the tax for the nursing home, the state has every right (and obligation) to put a lien on the house for the money the state paid. Then when he dies, the state will force the sale of the house to get their money back.

    You as an heir, have no “right” to an inheritance.

  4. kemperk August 27, 2013 at 7:32 AM - Reply

    until he stops paying the prop taxes, his home can sit
    debt free, empty or whatever, for ever. PERIOD.

    if he creates a trust for his property, he can lease/sell or donate his house to whomever he wishes–or he can assign a trustor to do that.. IF he died intestate, [without a will]
    the state will take his house and auction it off. IF he
    is alive and well……..great

    available to guide further
    study TRUSTS. or transferring property from
    incompetent people.

Leave A Comment