We need to sell mom's house - can we put into trust?

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mjudd3 Asked September 2016

We need to sell mom's house - can we put into trust?

My mother is in a nursing home and on Medicaid in SC. The house is falling into disrepair and the family cannot maintain. It will likely not sell for tax valuation, and all money will likely go to the state to recover Medicaid costs at her passing. We don't want to jeopardize her Medicaid status and have to refile

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score 1 · Answer 1

Too late for a Trust. See an attorney BEFORE the closing or the closing will be held up by the Medicaid lien.

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If you sell the house when she is on Medicaid, the proceeds will have to be applied to her care. It will most likely disqualify her for Medicaid until the proceeds are spent. If you sell the house, be sure to have its value accessed and provide the documentation to your Medicaid worker. Houses are often over-valued in property assessments, particularly if the houses are in need of major maintenance.

I do not believe you can open a trust in your mother's name after she has applied and been accepted on Medicaid. The state and federal governments would want that money to be applied to your mother's care.

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We need to sell mom's house - can we put into trust?

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