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Earliemae Asked August 2021

My mother has been in a nursing home LTC for a year. Parkinson's related called PCP. Would we be penalized for this?

Seven years ago my father , who passed three years ago, transferred all of his real property to me and my siblings by way of deed of gift and including life time rights for my parents. I am POA. Have been using their savings for her NH care and now selling one of the four homes to continue her care at the NH at this point. If she does go on Medicaid anytime soon does that affect the property rights we have for the other three properties that have been deemed gifted to me and my siblings? Would we be penalized for any rental income made from those properties? Income beyond the cost of normal insurance taxes and maintenance on these houses? Our eldercare attorney told us that we could use mothers money to do any maintenance to these homes but that we could not rent them to show any financial income from them. But that they would steal the hours free and clear after our mothers passing. But recently I met with a real estate attorney who says that a Medicaid look back would include my mothers part of lifetime rights / assets in these properties. Could you help me with the correct answer in this so that if she goes on Medicaid I can avoid all penalties?

GardenArtist Aug 2021
I'm a bit confused.  You've met with an elder law attorney and a real estate attorney.   Was there some reason these questions weren't discussed in further detail, or were you uncomfortable with their explanations?  

And I'm confused..."who" "would steal the hours free and clear..."?

mstrbill Aug 2021
7 years is beyond the 5 year lookback rule for property/asset transfers, so any property or assets in your name should be exempt from any Medicaid recovery.

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NYDaughterInLaw Aug 2021
This is not the right forum for you. You need professionals like attorneys well versed in trust and estates and real estate and Medicaid law.

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