Answered on Feb 27th, 2017 at 7:52 AM
I'm not certain what you're asking here. Your mother in law will continue to own her home -- that should not change during her incapacity unless there's a reason to sell the home. Medical assistance (not medicare), if she is eligible and needs it to pay for skilled nursing care in a facility, will have a claim on her estate (which may include her home) for reimbursement. Your question sounds like one of someone wanting to shelter assets from medical assistance. More informaiton is needed. I would recommend that you contact an attorney who provides estate or elder law planning in your area. if you are in Western PA, feel free to contact my office.
I recommend that you seek out a local attorney for a more in depth discussion of the matter. I do not recommend that you take any action steps without such a consult. Act quickly because by waiting, you may lose certain rights and remedies available to you.