son and daughter-in-law of dad


(waterloo ia)

my husbands dad is in a nursing home. his house has been sold. his dad holds the mortgage on our house that was purchased in 2004 with the agreement we pay the mortgage and all expenses involved with the house. we have pay all mortgage payments and all expenses including improvements and the cities demand that we replace some sidewalk. the will states the houses goes to us upon his death. my husband brother and sister-in-law have poa and have demanded us to get out since the day dad went to the nursing home. he will soon be applying for Medicaid and Medicaid of course wants it sold to. is there a chance Medicaid will accept money from us so we can keep the house

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Feb 29, 2016
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Medicaid and mortgage
by: Gabriel Heiser

Since your father-in-law holds only the right to a monthly payment, that is considered income for Medicaid eligibility purposes. I assume you meant that the will forgives the balance of the mortgage upon his death. Unfortunately, those payments will continue to be assets of the estate and the state's right to be repaid for its Medicaid outlays on your father-in-law's behalf will come ahead of his forgiving that debt. Thus, the payments will have to be made to the state until the Medicaid debt balance is paid off (unless you voluntarily accelerate the future payments by paying a lump sum to the state).
I don't see how your in-laws can accelerate the mortgage if the contract does not allow that.

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