Mom has been in SNH for a year and a half. She has dementia now and is insulin diabetic. It became impossible for her to regulate her insulin and almost died. After being in the hospital, since we work full time, she went from rehab to the nursing home. I would love to take care of her but we need to work. She has no mortgage, but I am paying for most all the upkeep on the house except for the electric bill, (I am POA)and her ssi is paying for her stay in the SNH, at least until I can care for her myself. I’m hoping one day to retire, but If I can’t and she remains in the SNH until she passes, will Medicaid take all the proceeds from the sale of the home when it is sold. She has a ladybird deed and the home passes to me when she passes.
Using a Lady Bird Deed for Medicaid Planning
A lady bird deed can be a useful tool in Florida for people who qualify for Medicaid and who are concerned that the government will be able to take non-homestead properties after their death.
In Florida, a person’s homestead is protected from creditors with very few exceptions. Medicaid cannot look to the homestead for collection.
However, Medicaid can collect from non-homestead properties the amounts paid for care during the owner’s lifetime. Medicaid can assert a claim against assets in a person’s probate estate. A lady bird deed transfers property after death outside probate so the property is not part of the decedent’s probate estate upon death. In this way, non-homestead properties are kept out of the probate estate and are protected from collection by medical claims or any other creditors after the property owner’s death.
Who is on the deed. Whose name is on tax bill. That's who owns it IMO. Did you list it as Moms asset?