LB Asked March 2011

Our lawyer advised us not to sell mom's home because Medicaid could come back and say the sale was a scam. But she has no money and needs it to live. What should we do?

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My mother is in a retirement home. Her home was uninhabitable when we moved her. We have a buyer for far less than market value. Our lawyer advised us not to sell as medicaid could come back if she needs it before 5 years and say the sale was a scam. She has no money and she needs it now to live. What should we do? P.S. This has caused two families to split as the buyer has already put 20,000$ into rehab on the premise we were going to sell it to him. He happens to be my husbands brother. The lawyer said he had to put a lein on the house. HELP

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toadballet1 Mar 2011
I agree with the above. Sell the home and use those funds until they are gone. Then, apply for Medicaid. Ask the home she is in if they will accept Medicaid funds after her private funds are depeleted...many do.
Also, is your Mom or was your Dad a veteran? You can apply for veteran's benefits. Most facilities have companies that will fill out the paperwork for you at no additional cost.
good luck
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NancyH Mar 2011
Get a second opinion from another lawyer. But I think I'd still sell it, cause like you said she needs the money.
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