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Leswiss Asked May 2019

My dad is applying for Medicare and my house is in his name. Does he have to put my house up for sale?

Is just an MLS number required? In other words does there have to be a for sale sign in the front yard?

JoAnn29 May 2019
Medicare is a health insurance and everyone 65 and above have to apply for it.

Medicaid provides healthcare and paying for LTC. Not sure how healthcare works if you own more than one house. LTC you are allowed to have one house which should be the recipients main residence.

Do you and Dad live together? Because you living there and it being your main residence, will have a lot to do with you being able to stay in the home.

freqflyer May 2019
Leswiss, did Dad purchase the house, and is only his name is on the Deed? Or does the Deed have both your name and your Dad's name? Does Dad own another house where it is his primary residence? As you can see this can become complex.

I would highly recommend that you and/or Dad make an appointment to see an Elder Law Attorney, as these attorneys are very familiar with your State Medicaid program. Each State has their own rules and regulations.

Now, if it is Medicare that Dad is getting when he turns 65, and not Medicaid, you have nothing to worry about. Even multi-millionaires can had Medicare, because when we work Medicare tax is taken out of our paycheck, thus everyone who has paid payroll taxes is entitled to Medicare when they turn 65.

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worriedinCali May 2019
Do you mean your dad is applying for MEDICAID? Because Medicare doesn’t look at income and assets. Medicaid however does look st income and assets and the house being in his name is his asset even if he didn’t pay for it. If he is applying for Medicaid, then.....a for sale sign and an MLS number are not something Medicaid will require and it is not going to fix the problem here. Check to see if your state allows lady bird deeds-if they do, the house can be transferred to your name using a lady bird deed and it won’t affect his Medicaid eligibility. If your state doesn’t use lady bird deeds, consult an elder law lawyer about this. Because if the house has to be sold, Medicaid will require it to actually be sold before he will be eligible for benefits. You can’t just stick a for sale sign in the yard and list it with MLS.

Now if he’s applying for Medicare than nothing needs to happen with regards to the house. Medicare doesn’t care about assets.
anonymous896861 May 2019
A lady bird deed can only be used on his own home.. his primary residence that the county registered for his homestead exemption.

As always, this is in Florida so the few other states that recognize the deed might have different requirements to qualify. There’s quite a few conditions that must be met though so a lawyer is definitely needed.
katiekat2009 May 2019
Getting Medicare doesn't change anything. If you are referring to MEDICAID, though, your house is in jeopardy. He will have to spend down all his assets, which would include the house, in order to qualify for Medicaid. Anything he owns should be used to pay his medical costs, then he can apply for Medicaid. He is not allowed to "gift" you the house, either.
JoAnn29 May 2019
Houses are exempt from assets.

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