Originally Posted By: mechanicx
As far as someone, not necessarily you, asking how is it fair. How is it fair that an elderly spouse would be removed from her residence because her husband is placed in a nursing home? Anyone could conceivable be in this situation when they get older and not have the $7,000+ month base costs for the medicore care in a nursing home and have to go on Medicaid. It's fair in the same way insurance is fair. The thing that isn't fair is that nursing homes charge $7-10k month for mostly medicore care.
But so long as the case (as I believe it is) is that the spouse may keep the home so long as they are able to live there, then so be it.
If the spouse can't afford to live there, that is a financial planning issue, and a savings issue, not an issue of the state. If the parents have a child living there because of an issue, (mental, physical, etc.) so be it. The law is there to protect it.
But to move folks in to keep the house so the bad state doesnt take it is ridiculous. There is some sacrifice that needs to be made before the taxpayers are forced to take on someones' family situation. If the OP wants the estate that bad, they can pay for mom's medical care and whatever she can't afford (Im assuming that dad is paid for and mom can keep the house plus some amount of assets as normal course).