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[quote=Anonymous]Be careful  - you should always say she intends to return home. From (one of many) FL Elder Care law firm website:

"If the Medicaid applicant is single, Homestead property is exempt up to the equity value of $636,000.00 in 2022. This figure will be raised by the government over time.

Homestead property can be a single family structure, mobile home, condominium or co-op. A person can only have one Homestead. To be an exempt asset for Medicaid qualification, Homestead property must be located in the State of Florida or in one of 20 states which have a compact (treaty) with the State of Florida.

When applying for Medicaid, the applicant, or his or her representative, must declare an “intent to return home,” at some time in the future, so that Homestead property will be an exempt asset. Although the Department of Children and Families can be lax on requiring this statement, it is the best practice to declare this intention in writing.

The real problem arises when the applicant’s family can no longer afford to pay the taxes, insurance and sometimes mortgage on the Homestead property. While Homestead property is exempt while it is vacant, it loses its exempt status as Homestead property if it is sold or rented. When either of these events occur, further planning on an emergency basis must be initiated to solve this problem.

For example, if the family of a nursing home resident wants to rent the Homestead real property, a special type of deed, known as a ‘Ladybird Deed,” needs to be drafted to protect the property from Medicaid Recovery when the applicant dies. In addition, the Homestead real property must be rented at fair rental value, and all expenses of the property such as taxes, insurance, mortgage payments and management must be proved.

If the family wants to sell the Homestead real property, the proceeds must be immediately invested in non-countable resources.

These decisions regarding Florida Homestead real property require the assistance of an Elder Law Attorney skilled in Homestead real property, taxes, estate and Medicaid planning."

Suggest your aunt contact her attorney and figure out next steps. 
[/quote]

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