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Moms house will be in my husbands name in 22 days. Will we have to repay the cd that she transferrred to us?
Carol Bradley Bursack, Nov 7, 2011
Over the span of two decades author, columnist and speaker Carol Bradley Bursack cared for a neighbor and six elderly family members. Because of this experience, Bradley Bursack created a portable support group, the book "Minding Our Elders: Caregivers Share Their Personal Stories."
It depends on when she gave you the CD. If it was within the last five years, it's likely you will have to. It it was signed over to you before that, then you shouldn't. Work with Medicaid or an attorney on that so you do it right. Take care,Carol
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Ralph Robbins, Nov 9, 2011
Ralph S. Robbins, CFP© is a fully licensed Certified Financial Planning Practitioner specializing in Eldercare Financial Planning. He works everyday helping families in crisis find creative ways to fund long-term care expenses and deal with family financial issues.
You have two separate issues here: The house and cash assets. In both cases, it looks to me as though you have made or are about to make a big mistake. As stated above, gifts made without fair market compensation within five years of a Medicaid application may be brought back into the applicant's "estate" for Medicaid eligibility purposes. With respect to the CD, this may cause an "ineligibility penalty" based on the value of the transfer.This can be cured by returning the money to mom and then using a legal method to safely transfer the asset back to you. The purpose of doing so will not be to benefit you but, rather, so mom will have additional funds to support herself while receiving public benefits.Federal law provides Medicaid asset protection for the primary or "homestead" residence if there is "intent to return" by the applicant. Some states presume this and the home is automatically protected. Others do not presume this and will require evidence that intent to return is viable.Either way, transferring the home to you husband is a big mistake because of the transfer rules mentioned above.Alternative ways to protect the home include (again, state variations apply):Listing it for sale (it becomes an "unavailable asset")Renting it (net income must go to cost of care)Also, if you lived in the home for two years or more as mom's primary caregiver, the home can be transferred to you with no penalty.Lastly, if Medicaid in your state allows her to keep the home, be mindful of Medicaid estate recover at her demise. All states are required to seek recovery of Medicaid costs at a recipient's demise. However some will only attempt to recover from probate assets. If this is the case in your state, there are methods to title the property and avoid probate.Good luck!
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