Follow
Share

My daughter is my caregiver, I have aged disabled waiver, am 53, I own my home, and now share in fathers. I'm considering, stopping Medicaid, so they can't take property. Can they force brother to sell it? My own house, can I put in daughter's name?

Find Care & Housing
Your question involves Medicaid Estate Recovery, and asset limits for Medicaid Eligibility now and in the future.

Does your share in your father's house affect the asset limit for the Medicaid program that is helping you now? How about in the future? Will Estate Recovery in your state affect assets that you want to pass to your daughter, or others in your family? These are additional specific questions that can help focus your thoughts.

The government's Medicaid website explains: State Medicaid programs must recover certain Medicaid benefits paid on behalf of a Medicaid enrollee. For individuals age 55 or older, states are required to seek recovery of payments from the individual's estate for nursing facility services, home and community-based services, and related hospital and prescription drug services.
https://www.medicaid.gov/medicaid/eligibility/estate-recovery/index.html

To get answers that you can rely on, talk with an Elder Law Attorney who knows the Probate Law and Medicaid Regulations in your state. You can learn when your daughter would qualify for Medicaid's Caregiver Child exception for transfer of your residence, and create a strategy for asset ownership and transfer that protects you and your daughter now, and in the future.
Helpful Answer (2)
Reply to John L. Roberts
Report
iymalive Mar 17, 2019
Thank you, I am going to try to find an attorney Monday. I'm not sure i will qualify for Medicaid at all, now. My dad was trying to be kind and loving, he didn't realize it could disqualify me. I also am primary caregiver to my youngest daughter's little girl who had lived worth me since she was born, she is 5 and court ordered into my custody, so I have my plate full and a lot to plan for, I have considered trying to adopt her, but since I'm disabled aren't sure if they would allow it even if her parents do. Thanks again.
(0)
Report
Why do people think that they should not have to repay assistance they get from taxpayers.

You are benefiting from the aid you receive, yet you are considering stopping so you can rearrange assets, obviously you have enough or you wouldn't be able to stop to protect assets. Go off welfare and pay your way until you are in poverty, that's what it is for, not so people don't have to pay for themselves. You are taking assistance from others that are in real need and would starve or die if they didn't get assistance.
Helpful Answer (3)
Reply to Isthisrealyreal
Report
JoAnn29 Mar 14, 2019
She is just asking. This is an unusual situation. She has been left half a house that brother has a right to live in till his death. He owns half and probably does not want to sell it. Her father did her no favor leaving her the house. She didn't ask for this problem. Best thing, brother buy her out, she goes off Medicaid, spends the money down, then go back on Medicaid.
(2)
Report
See 2 more replies
No, can't put house in daughter's name. That is Medicaid fraud. If something happens to you, Medicaid will put a lean on the house that will need to be satisfied at time of sale. You already claimed it when you applied for Medicaid.

I hate to say it but you need a lawyer versed in Medicaid. This is an unusual situation.
Helpful Answer (1)
Reply to JoAnn29
Report
needtowashhair Mar 15, 2019
This is not a correct statement.

Under the right situations, the house can be put in the daughter's name. For example if a child is a live in caregiver for a parent for at least two years, then the house can be transferred to the child without effecting medicaid eligibility.

I've posted the exact section of the law that allows for this many times.
(1)
Report
See 1 more reply
Are you under expanded medicaid or are you under long term care medicaid. It matters. expanded medicaid doesn't take any of your assets into account. Only your income. Also, there is no recovery. If it's long term and you are 55 or over, then recovery is attempted.

Being that you are only 53, I don't see how they would attempt recovery since you don't meet the requirement for recovery.

There are many ways to shield your residence from recovery. Some are federal, child caregiver exemption, and some are state, no probate means no recovery. Please consult with a competent lawyer in your state.

As always, I have no idea what I'm saying. I just downed a big gulp and have a sugar buzz going on. None of this should be taken as advice. I'm just randomly hitting keys.
Helpful Answer (1)
Reply to needtowashhair
Report
iymalive Mar 17, 2019
In Indiana, it is called traditional Medicaid, low income qualifies you. I don't qualify for a supplement for Medicare but may just try discontinuing Medicaid, i think this may disqualify me from being eligible any longer.

My brother is worried Medicaid would take my dad's home even though the deed is in both our names, (with my dad having possession until he passes away). I have a disability and am in poor health. I require monthly infusions that Medicare pays most of. My daughter has lived with me, never left home, cares for me, my son in law and grandchildren live in my home with me, if i were to die, even though i have a will, would Medicaid take my home, does everything go to probate if you have a will?
(0)
Report
See 1 more reply

Ask a Question

Subscribe to
Our Newsletter