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Katidid Asked August 2015

My MIL lives in Michigan with her daughter who is disabled. What is the best way to protect their condo if my MIL went into a care facility

If she puts the Condo in daughter's name, will it be protected from seizure if my MIL had a stroke and needed to go into a long term care facility.

GardenArtist Aug 2015
The legal practice area could easily be estate planning as well as elder law. Both can encompass special needs planning.

igloo572 Aug 2015
You need to see an atty who knows special needs trusts & disposability. In addition to the concerns that Pam & Jeanne brought up, there also starting this year is the ability for states to set up a program to allow for those disabled from a childhood or pre-age 25 or 26 event, to set aside up to 14K a year to a max of 100k without affecting their ability to qualify for Medicaid. This is a huge change in thought as to their qualifying but not having to be impoverished.

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Rosebush Aug 2015
My mother in law left her house to special needs son (did get disability payment but is over 65 now) requesting that it be deeded as a life estate interest with the remaining siblings as the legal owners. Mom was not on Medicaid so don't know if this will work for you.

jeannegibbs Aug 2015
Could the daughter live on her own there, or would she need to go to a long-term care center, too?

I take it MIL would need to apply for Medicaid to afford long term care? If so, she has best not be giving away assets at this point, or she won't qualify.

The daughter would probably qualify for one of the exemptions of Medicaid's recovery policy, since claiming the condo would be a hardship for her.

What really should happen at this point, BEFORE it is needed, is for MIL to consult a lawyer whose specialty is Elder Law. The specialty is critical. She can learn how best to protect her daughter's interest. She can also take care of POA, living will, regular will, and anything else she doesn't already have taken care of.

Please advise her NOT to change the ownership of the condo before she sees an Elder Law attorney. Making a mistake could be very costly.

pamstegma Aug 2015
NO if the daughter is disabled, I would assume she is collecting benefits. Putting assets in her name would stop her Medicaid cold.
If MIL goes into a Nursing Home, daughter would be able to stay there, but can she afford to pay the taxes and utilities?
MIL could establish a special needs trust for daughter. She really needs to talk to an elder law attorney very soon.

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