my mother was in signature nursing home in Monteagle Tenn. Medicaid m was paying for part of her staying in the home .can the state take her home and property
My spouse & I are contemplating buying a home in a 55+ retirement community in FL. We currently live in Indiana & neither of us are 55 quite yet. If we pay cash for the house & put the house in my Mother’s name, will this negatively affect my Mother’s Medicare/Social Security benefits and income? Thank you.
We want to buy a home in a Florida retirement community; however, since neither of us is actually 55 yet, we want to put the house in my Mother’s name. Our concern is that since my Mother is on Medicare/Social Security, putting the house in her name only will affect her government benefits. Please advise. Thank you.
Mine is actually a question.. if I am living in the home with my mom and in the event of her death can medicaid force the sale of the home when this is where I also reside?
WE did a Quick Claim Deed on my Moms house 9/27/12 with a life time diary there as long as she lives in the house. The house was put in all 4 sisters names. Now our Mom needs to go in a Nursing home can they come back on us and get this home since she will need Medicaid help she has No money. and only draws 900.00 a month and 225.00 goes to health insurance
Babalou- coops...aren't they going to have to be approved by the board to ever get a new owner? I'd think for Medicaid, this could get into a possibly long long timeframe to ever sell a coop so they may view coops as not cost-effective for recovery?? It's really a pretty small property group...like NYC & maybe a couple other older cities that have coops, isnt it? Maybe could be too involved for the legal time & costs to go after if estate recovery is done by an outside contractor as they need to get it filed, approved, paid and then quickly move to the next one.
If the coop has debt service to the board, that going to be a secured debt against the estate and paid via probate laws for NYS as a secured debt & before medicaid so that could be another reason not to do estate recovery for coops. Medicaid debt is unsecured as far as I'm aware.
Denise - it sounds like grannie sold her property to you for less than FMV and within the 5 yr lookback period. For real property, sales (& to the penny) are recorded locally and then dovetail to the states database. Property history is easily found out. Apparently it's showing a $ 5,700 transfer penalty for her eligibility for Medicaid. Personally I'd contact the NH to work out a payment on this ASAP as its in the bigger picture of NH costs really a teeny tiny amount of $. If grannie becomes suspended for Medicaid eligibility, her costs of care in a couple of months will make that $ 5,700 look tiny.
Yeah you could hire & pay for an atty but really the data is there that house was a less than FMV sale to family. If it was sold on open market, the lesser amount wouldnt matter but the sale was not an "arms length sale". You'd probably need some sort of memo of understanding or promissory note signed & notarized years & years before you ever started paying for anything on the property to get around the gifting transfer penalty. Selling for under FMV was an honest mistake by grannie but still incurs a transfer penalty under Medicaid rules. As grannie chose to apply for medicaid, she chose to be under medicaid regs & rules. It's not like Medicare or SS, that she has been paying into. She didn't have to apply for medicaid, but chose to apply for Medicaid & that's why medicaid can impose a transfer penalty or do estate recovery.
If you don't get this worked out, what could happen is that grannie gets a 30 day notice from the NH. She has 30 days to pay up & settle her account or has to move. Now they won't kick her to the curb, but what a facility can do is request an emergency ward of the state action to be done. Court will appoint a guardian for her and it will not be family. They will take over everything grannie too, like guardian could move her to another facility. They can review grannies past and could look into the sale of the home and possibility explotation of an elder as house sold under FMV....just pause to think calmly & carefully if this could morph into bigger problems for you/your spouse & for what's best for grannie's care.
NH cost somewhere around 5k -15k a month. Easily over $ 100,000.00 a year in some places. A 5700 penalty is pretty minimal. Really try to work this out with the facility. Perhaps try to see if they would take 1k with a 6 month payoff for the balance. If the NH evicts her, it's going to show up in her medicaid history and it could be difficult to get her into another facility.
I started paying for my house 01/12 and finished 12/15 which is when I put it in my name. I bought it from my grandmother, who hadn't lived in it for more than a year when she sold it to me. She asked me to pay $5000 for it and it only appraises for $10,700 after my husband and I started putting money into it. My grandmother had to be put in a nursing home, for physical limitations not mental limitations, she's been approved for Medicaid and they're going back to when she first moved into the nursing home. Now the nursing home is trying to force us to pay them the $5700 deficit, although we've met all the guideline required by the state, can they do that or do o need to get a lawyer?
Please note when it comes to Medicaid, each State has their own rules, regulations, and programs.... which can change depending on State budgets.
It is best to contact your own State, as it would be very difficult for any one writer to know what is happening in each and every State. Unless that writer lives in your State and had very recent involvement with Medicaid. Programs can change overnight.
Question to anyone. I quit my job, moved back to Illinois to care for my mother, 90 years old, in her condo, which is in trust, with both our names on it. I'm not sure that is a good protection. I have a condo, which I rent out, its upside down and the rental money pays for the mortgage, taxes and association fee. My only income is my social security. My question is, if my mother needs to go into nursing home, do I have a right to stay in her condo? Will the state want me to sell her condo? Am I protected by the trust? Can I sell the condo and keep the proceeds? I know I should consult with a Lawyer, but the finances are tight. Any suggestions.
My husband is 89, diagnosed in 2006 with AD.The house, property, car, $50,00 in a money market are our only assets, none of these are in my husband's name.We had 2 1/2 years of home help paid for by Medicaid. I disenrolled him from Medicaid in July 2015. I am concerned about what happens if I die before my husband. Can I leave the assets to my daughter? Will she be able to get him into a facility on Medicaid? I had one consultation with an elder law attorney and came away more confused and overwhelmed by the fees. Can you help me?
I am my mother's caregiver and daughter and live in my mother's house with her. The house is paid for and we live in Florida. I tried to contact Medicaid to find out what will happen to my mother's house once she passes but I can't get a straight answer. I have taken care of my mother for six years and have lived in her house for two. Can Medicaid force me to move out or sell my mom's house to pay Medicaid back?
I own the house with my mother. I was told that if she needed care that i would have to sell and pay back her portion of the house to cover nurseing home costs..
What if the home is in Mom's name and in her Son's name. They are co-owners on the house. What happens then? Would the son have to get the mother's name off the house and how would this be done if she has Alzheimer's and it is too far progressed to have her do it willingly.
Do these posts have anything to do with medicare. My husband in rehab now after hospital stay. We assume medicare pays for all this. anyway medicare will attempt to get money back from us in future?
My elderly Mother needs to go into a nursing home but is threatened with a Conservatorship if we do not sign her over. The nursing home is in a Medicaid state. As her children, we are basically being extorted by the County officials with threats of a Conservatorship and paying back Medicaid or, Medi-Cal, either way her children will lose the home Its extortion that preys on the elderly and feeble minded illnesses that comes with old age. As children we feel threatened, saddened and violated by the county health system here
What if the home is jointly owned between mom, her son and her daughter? Are the son and daughter have to pay back Medicaid after they sell the house after mom's death?
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Can Medicaid Take a Senior’s House to Pay Their Nursing Home Bill?
You will run into a problem if you mom applies for Medicaid ( a program for the indigent) down the road.
Please consult a certified Eldercare Attorney.
If the coop has debt service to the board, that going to be a secured debt against the estate and paid via probate laws for NYS as a secured debt & before medicaid so that could be another reason not to do estate recovery for coops. Medicaid debt is unsecured as far as I'm aware.
Yeah you could hire & pay for an atty but really the data is there that house was a less than FMV sale to family. If it was sold on open market, the lesser amount wouldnt matter but the sale was not an "arms length sale". You'd probably need some sort of memo of understanding or promissory note signed & notarized years & years before you ever started paying for anything on the property to get around the gifting transfer penalty. Selling for under FMV was an honest mistake by grannie but still incurs a transfer penalty under Medicaid rules. As grannie chose to apply for medicaid, she chose to be under medicaid regs & rules. It's not like Medicare or SS, that she has been paying into. She didn't have to apply for medicaid, but chose to apply for Medicaid & that's why medicaid can impose a transfer penalty or do estate recovery.
If you don't get this worked out, what could happen is that grannie gets a 30 day notice from the NH. She has 30 days to pay up & settle her account or has to move. Now they won't kick her to the curb, but what a facility can do is request an emergency ward of the state action to be done. Court will appoint a guardian for her and it will not be family. They will take over everything grannie too, like guardian could move her to another facility. They can review grannies past and could look into the sale of the home and possibility explotation of an elder as house sold under FMV....just pause to think calmly & carefully if this could morph into bigger problems for you/your spouse & for what's best for grannie's care.
NH cost somewhere around 5k -15k a month. Easily over $ 100,000.00 a year in some places. A 5700 penalty is pretty minimal. Really try to work this out with the facility. Perhaps try to see if they would take 1k with a 6 month payoff for the balance. If the NH evicts her, it's going to show up in her medicaid history and it could be difficult to get her into another facility.
It is best to contact your own State, as it would be very difficult for any one writer to know what is happening in each and every State. Unless that writer lives in your State and had very recent involvement with Medicaid. Programs can change overnight.
I quit my job, moved back to Illinois to care for my mother, 90 years old, in her condo, which is in trust, with both our names on it. I'm not sure that is a good protection. I have a condo, which I rent out, its upside down and the rental money pays for the mortgage, taxes and association fee. My only income is my social security.
My question is, if my mother needs to go into nursing home, do I have a right to stay in her condo?
Will the state want me to sell her condo?
Am I protected by the trust?
Can I sell the condo and keep the proceeds?
I know I should consult with a Lawyer, but the finances are tight. Any suggestions.
I have taken care of my mother for six years and have lived in her house for two. Can Medicaid force me to move out or sell my mom's house to pay Medicaid back?
As her children, we are basically being extorted by the County officials with threats of a Conservatorship and paying back Medicaid or, Medi-Cal, either way her children will lose the home Its extortion that preys on the elderly and feeble minded illnesses that comes with old age. As children we feel threatened, saddened and violated by the county health system here