Attorneys At Kreisher Marshall & Associates, LLC

Making Bloomsburg A Better Place To Live And Age

Can a nursing home take my mom’s house?

On Behalf of | May 21, 2024 | Elder Law

Nursing homes can be an important source of support for families that include vulnerable older adults. However dedicated adult children may be to their parents, they are not always in a position to provide them with the support they need as they age.

Nursing homes can help ensure the overall well-being of older adults by meeting their basic care needs. There are staff members on hand to help with everything from bathing to taking medication.  Unfortunately, moving into such facilities can be incredibly expensive. Even those who have saved throughout their lifetimes for retirement may not have enough set aside to cover the expense of a long-term stay in a nursing home.

Do the children of an older adult need to worry about a nursing home coming after a parent’s home or their other assets after they die?

Probate claims are common

Most people with valuable resources want those assets to pass to their loved ones. It is common for older adults to have estate plans that declare their children as their primary beneficiaries. Those with parents living in Pennsylvania nursing homes may find that their end-of-life care costs could diminish the legacy they leave behind when they die.

The law in Pennsylvania allows creditors and opportunity to bring claims against estates after people die with unpaid debts. Nursing homes and other medical providers are among the parties that can potentially ask the state to intercept assets that might pass to someone’s family members to help repay their creditors instead.

If someone dies owing a large outstanding bill to a nursing home, medical creditors could pursue a claim for repayment and probate court. Depending on what assets someone has in their estate, the home where they lived prior to moving to the nursing home could be at risk.

Careful planning before someone requires extensive personal support can help people cover nursing home costs without risking their property later in life or the legacy they hope to leave for their beneficiaries. Talking to an aging parent about the potential expenses of a nursing home stay could convince them to take control of a situation that could otherwise undermine their final legacy.