It depends on your state but it's likely that they can. You should check with an attorney who knows your state Medicaid laws well and see if anything can/should be done to protect your assets. Good luck! Carol
Assume they can. Medicaid wouldn't allow someone to so easily hide assets. Listen to Carol. You desperately need to professional advice of an elder law attorney.
I'm going to approach this differently & suggest you find a good estate planning attorney as you will be seeing them not just for your mom but for yourself also. You may want to meet with them first on your own and the next visit both you & mom. If need be they can do a consult with elder law one for specifics. One thing to keep in the back of your mind is that Medicaid is a state specific program. So each state administers Medicaid in it's own unique way. And because of this each states laws on property rights, death, probate really makes a huge difference.You need good legal in all this that works for your state's rules & laws.
For anyone who goes onto Medicaid over 55, ALL the states are required since 2005 or 2006, to have in place a recoup program in order to get the federal aspect of funding for Medicaid. The recoup is called MERP - Medicaid Estate Recovery Program. (Or "Guvmint Gonna Take MawMaw's house" LOL). When you apply for Medicaid, MERP is done as an acknowledgement of participation, so you do not have to sign off agreeing or disagreeing to it..…if you apply for Medicaid, MERP has to do recoup inquiry &/or action. Now how it's done depends on your states laws. Some states MERP is an actual lien on the property, other states it's a claim. And within claims it can vary. Like in TX, probate is a level of claim state & MERP is a class 7 claim. So all the other classes have to be done before MERP; for TN MERP is a class 3 claim. That is going to be quite different than an all classes equal probate state or a state that allows for an actual lien on the property. Understand? you can see how you really need legal on this.
Before you meet with the attorney, you want to gather up all the documents on the condo, any other real property both of you own, any old wills or other legal. & I'd also do a history on mom & you will details on children, spouses, divorces, etc. Your doing this will cut down somewhat on legal costs.
? for you, is the condo the legal homestead with homestead exemption for both you & mom? If not, you especially want to ask about how to approach this. Good luck and start getting those documents together.
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Good luck!
Carol
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For anyone who goes onto Medicaid over 55, ALL the states are required since 2005 or 2006, to have in place a recoup program in order to get the federal aspect of funding for Medicaid. The recoup is called MERP - Medicaid Estate Recovery Program. (Or "Guvmint Gonna Take MawMaw's house" LOL). When you apply for Medicaid, MERP is done as an acknowledgement of participation, so you do not have to sign off agreeing or disagreeing to it..…if you apply for Medicaid, MERP has to do recoup inquiry &/or action. Now how it's done depends on your states laws. Some states MERP is an actual lien on the property, other states it's a claim. And within claims it can vary. Like in TX, probate is a level of claim state & MERP is a class 7 claim. So all the other classes have to be done before MERP; for TN MERP is a class 3 claim. That is going to be quite different than an all classes equal probate state or a state that allows for an actual lien on the property. Understand? you can see how you really need legal on this.
Before you meet with the attorney, you want to gather up all the documents on the condo, any other real property both of you own, any old wills or other legal. & I'd also do a history on mom & you will details on children, spouses, divorces, etc. Your doing this will cut down somewhat on legal costs.
? for you, is the condo the legal homestead with homestead exemption for both you & mom? If not, you especially want to ask about how to approach this. Good luck and start getting those documents together.