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1. Residence start date The 12-month period of continuous residence may start immediately after the purchase or at any time after the purchase. 2. Absence less than 30 days Absences from the life estate home for less than 30 consecutive days do not affect the 12- month determination. Example 23 Ralph purchases a life estate interest in his brother’s home on January 5 and moves into that home on the same date. He goes to Florida on January 20 and returns to the home three weeks later, on February 10. January and February count as whole months of residence because Ralph’s absence was less than 30 consecutive days. 3. Voluntary absence of 30 days or more Absences from the life estate home for 30 days or more for vacations, trips, or to stay elsewhere on a voluntary basis result in the 12-month period starting over. Example 24 Vicki purchases a life estate interest in her sister’s home on January 20 and moves into that home on the same date. On March 3, Vicki goes to Bermuda for a family vacation and returns on April 15. The consecutive months of residency string breaks because Vicki was absent from the home for 30 or more consecutive days because of vacation. Her 12-month residence clock is reset with April being her "new” first month of residence. 4. Involuntary absence for 30 days or more Absences from the life estate home for 30 days or more because of hospitalization or a rehabilitation stay do not count toward the 12 consecutive months. These types of absences do not result in the 12-month period starting over. The individual must continue residing in the home for the number of month(s) they were absent due to hospitalization or rehabilitation to achieve 12 total months of residence. When the individual lives in the home for at least one day of the month, it is considered a month of residence. Example 25 Jim purchases a life estate interest in his cousin’s home on January 20 and moves into that home on the same date. Jim resides in the home until April 10, at which time he is hospitalized. Jim remains in the hospital until August 5 and returns home. Jim then resides in the home from August 5 until December 24. To determine months of residence, the worker considers: • Jim’s residence in the home for the months of January, February, March, and April count as four consecutive months. • May, June, and July are not included in the consecutive month count because Jim is absent from the home for those full calendar months. The absence from the home for those months doesn’t cause the 12-month clock to restart because Jim’s absence was the result of his hospitalization. • When Jim returns to the home on August 5, August counts as the fifth month of continuous residency. • Jim will meet the 12 months of continuous residency requirement in March, the fifteenth month of his ownership. 17.2.7.14.3 Life Estate FMV When Purchased From Another Person’s Home If the 12-month residence requirement is met by the time of the application for Long Term Care, the worker must also determine if the applicant paid FMV for the life estate.