if my grandmother has been in a nursing home for 3 years, can she rent her house to me if she is on Medicaid?

UPDATED: Sep 30, 2022

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if my grandmother has been in a nursing home for 3 years, can she rent her house to me if she is on Medicaid?

I had moved over to help take care of her and my grandfather before he passed. She has stated in front of others, that she wanted me to have the house but it was hard for me since she is still alive. Visiting with her yesterday in the nursing home, she told me to go live in her house and keep it up. I don’t want anything to affect or hurt her Medicaid or her. The house is just sitting, however I also do not want to move in, work on the house, then in a month or so, have to move out. We know she cannot transfer her house over but is there anything else that we can do?

Asked on February 6, 2017 under Real Estate Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Go talk to a wills/probate attorney.  There are a couple of different options that should work for your situation.  One may be a 'Lady Bird' or a life estate, wherein she still has the rights to the house during her lifetime, but the house automatically passes to you upon her death.  Setting up a limited trust may also serve your purposes equally well.  An attorney that regularly handles probates and trusts can explore both options with you.

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