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Zack80231 Asked June 2024

How to go about saving my mom's car from estate recovery or probate after passing away?

Hello,
I'm my parent's caregiver and I pay for their car Insurance, gas and maintenance since I'm the driver ( both can't drive).
The car is titled I'm Mom's name and reading about estate recovery and probate made her and me wonder about how to avoid these hassles once she's gone. Both parents live at home with me and are on medicaid Home and Community Based Services (HCBS) Waivers program.


 


 


 


Any helpful information is appreciated. God bless.

JoAnn29 Jun 2024
Your parents are Community Medicaid with rules just like if they were in LTC. I think the asset cap is the same. They cannot sell it to you for a $1. Can't transfer it upon death. Yes, its exempt now, but if sold, must be at Market value. Then, your back to trying to spend down the money. If Mom goes before Dad, then it may transfer to Dad. So will still be exempt. Upon death of both parents it becomes an asset. An asset that needs to be sold at Market Value and the money goes to Medicaid.

All Mom and Dad should have after their deaths is maybe a home and a car. If you can prove that you were their Caregiver for over two years and lived with them, you may be able to stay in the home and have the car. Liens will be placed on both. If you sell them, Medicaid will get what is owed them. If you are allowed to stay in the home, the lien stands and will need to be satisfied if you leave, sell or pass.

You should talk to your parents caseworker and run this by them. I was told by Moms caseworker that when Medicaid is involved Wills are pretty much null and void.

cover9339 Jun 2024
Have a Transfer on Death (TOD) put on the title.
Zack80231 Jun 2024
TOD with my name on it or my dad's? It's confusing. I'm afraid of If I and my dad is still around, my dad's Medicaid would be jeopardize.

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Geaton777 Jun 2024
In Colorado...[t]here are other assets that are non-countable; they are exempt from Medicaid's asset limit. Exemptions include personal belongings, household furnishings, an automobile, irrevocable burial trusts, and generally one's primary home Source: https://www.medicaidplanningassistance.org/medicaid-eligibility-colorado/#:~:text=Countable%20vs.,-Non%2DCountable%20Assets&text=In%20Colorado%2C%20IRA's%20and%20401K,and%20generally%20one's%20primary%20home. So, you don't have to worry about the car.

AlvaDeer Jun 2024
I really think this is an attorney question. In California you can be added to the title of a car easily and if a member of Triple AAA you can do it right in their office. However, where Medicaid is concerned that complicates things; you cannot have a situation where there is "gifting" of a car that was listed as her assets.

I am thinking if this is your only question you would have good luck simply asking an attorney online for a call, and avoid an hourly fee. You might also consider directly contacting Medicaid and asking for a caseworker or advisor to discuss options for your state. Good luck.

Isthisrealyreal Jun 2024
Is this the new car bought with mom's settlement?
Zack80231 Jun 2024
Yes. As part of a spending down.
KNance72 Jun 2024
Have them sell you the car for $1 .
Oedgar23 Jun 2024
I think you have to sell assets at market value.

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