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GiGi20 Asked November 2016

Looking for some guidance before paying lawyer $300 an hour.

My brother and I will be selling my mother's house in 2 weeks (we have POA). Mom lives with me right now and neither of us expects to see any inheritance. When my father passed the lawyer said that any assets should be in accounts for all three of us (thus my mother, my brother and I). My question is whether I can deposit the proceeds from the check into this account. If she ends up in nursing care we know that money will be depleted of course. We are in PA.

freqflyer Nov 2016
GiGi, each State is different with its rules regarding Medicaid being paid.

Case in point, if a couple owns a house and one goes into a nursing home under Medicaid, Medicaid is allowed to place a lien on half of the equity of the house. Now there are exceptions and maybe in your Dad's case an exception was used, like your Mom cared for your Dad 24/7 for two years with proof of such care being given.

I hope this all works out in Mom's favor.

GiGi20 Nov 2016
Freqflyer - there was no estate for my dad. He went into nursing. I worked with the lawyer who ensured my mom was taken care of and applied for medicaid so he was on medicaid when he passed. Thats when she suggested that any money in joint names be changed to mom's name and us kids. The house ownership was not changed because she said it didnt matter. If he was still living and she passed then Medicaid could have rights to recuperate.

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pamstegma Nov 2016
If it is deeded in her name only, then the proceeds go to her account only. Do not confuse her assets with the father's estate distribution.

freqflyer Nov 2016
GiGi, as you already know any equity from the sale of the house has to go to your Mother to use for any future care. Usually when the husband passes, the wife gets his whole estate. There are exceptions.

From what I had read, your Dad's assets are now in your Mom's name, plus your name and that of your brother. Does that mean the deed to the house was changed to include all 3 names? Same with bank accounts, stocks, etc?

jeannegibbs Nov 2016
Whatever is in that account will be considered hers by Medicaid, and need to be used for her care before she qualifies for help. If you expect that she MIGHT need Medicaid sometime in the future, spend the money to talk to an attorney specializing in Elder Law.

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