We had a General Warranty Deed signed by both of my parents in 2006. Also signed and stamped by the Recorder of Deeds. We have to decide in a few days. It has a transfer of deed upon death to the three children. It was done 16 years ago. Help!
Since it is transfer on death, it is still moms asset and Medicaid CAN do MERP. A warranty deed only guarantees they have the legal right to do a transfer, which they chose to happen upon death.
She won't be losing her home, she will be using her assets to pay for her care.
She won't be able to pay for anything house, including insurance, property taxes, utilities, maintenance, nothing. You 3 will have to pay for everything and hope that you can recoup your expenses when the house is finally settled.
Medicaid will put a lien on the house, states vary when this action occurs, check what her state does to know for certain.
If the real estate market is strong, I would sell now and invest the money in conservative avenues to help prolong her ability to self pay. This usually means a better facility and better care.
If she deeded the house to you 16 years ago, they won’t be taking it.
If she is still on the deed, Medicaid may lien the home, or her part of it. But this won’t happen until after she dies. In fact, they won’t even try to collect until the house is attempted to be sold, at which point you’d have to pay them off.
If the latter is the case, Consult with an elder care attorney about what can be done to protect your share of the asset.
She won't be losing her home, she will be using her assets to pay for her care.
She won't be able to pay for anything house, including insurance, property taxes, utilities, maintenance, nothing. You 3 will have to pay for everything and hope that you can recoup your expenses when the house is finally settled.
Medicaid will put a lien on the house, states vary when this action occurs, check what her state does to know for certain.
If the real estate market is strong, I would sell now and invest the money in conservative avenues to help prolong her ability to self pay. This usually means a better facility and better care.
If she is still on the deed, Medicaid may lien the home, or her part of it. But this won’t happen until after she dies. In fact, they won’t even try to collect until the house is attempted to be sold, at which point you’d have to pay them off.
If the latter is the case, Consult with an elder care attorney about what can be done to protect your share of the asset.